SSC Indian Polity and Civics Sample Paper NCERT Sample Paper-6

  • question_answer
    The basic difference between the Fundamental Rights and Directive Principles is

    A)  Fundamental Rights are positive while Directive Principles are negative

    B)  Directive Principles are given precedence over Fundamental Rights by the Courts in all case:

    C)  Fundamental Rights are justiciable while Directive Principles are not

    D)  None of the above

    Correct Answer: C

    Solution :

    [c] The Directives are non-justiciable. Courts do not enforce them. A directive may be made enforceable by the courts only when there is a lam on it. Fundamental rights, on the other hand are justiciable. They impose legal obligations on the state as well as on individuals. Courts enforce them. If a law violates a fundamental right, the law in question will be declared void. But no law will be declared unconstitutional on the ground that it violates a directive principle against violation of a fundamental right, constitutional remedy under Art. 32 are available which not the case is when a directive is violated either by the state or, by individual. For this reason Prof K.T. Shah deprecates the Directive Principles as "Pious wishes" or a mere window dressing for the social revolution of the country.

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