UPSC General Studies Sample Paper General Studies Sample Paper-9

  • question_answer
    Consider the following statements describing the comparison between Directive Principles of State Policy (DPSP) and Fundamental Rights (FR).
    1. Since DPSP are non-justiciable, in case of a conflict between them and Fundamental Rights the latter would prevail.
    2. Any law violative of the DPSP cannot be declared as unconstitutional like in the case of violation of Fundamental Rights.
    Which of the statements] given above is/are correct?

    A)  Only 1             

    B)  Only 2            

    C)  Both 1 and 2    

    D)  Neither1nor 2

    Correct Answer: C

    Solution :

    [c] Statement 1 is correct, Because the Fundamental Rights are justiciable, they enjoy supremacy over the DPSP However, according to Supreme Court judgements Parliament can make amendments to Fundamental Rights implement DPSP as long as such amendments do not affect the basic structure of the Constitution. Statement 2 is also correct. While laws violating Fundamental Rights can be declared as unconstitutional, it is not the case in case DPSP. However, a law can be declared valid if it seeks to give effect to a particular DPSP. Thus, the right answer is [c].

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