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Which of the following statement about Directive Principles of State Policy (DPSP) i.e. Part IV of the Indian Constitution is correct?
Part IV of our constitution resembles the 'Instruments of Instructions' issued to the Governor General in the Government of India Act 1935.
DPSP in Part IV are justiciable in nature and the courts can use them to determine the constitutional validity of a law.
Part IV of the constitution enjoys supremacy over the Fundamental rights as the ideals of Social Justice outweigh Individual liberty in case of India.
All the clauses in the Part IV including the Uniform Civil Code have been implemented by the state through a series of laws and statutes.
First option is correct. The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. In the words of Dr. B R Ambedkar ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor- General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles of merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and executive. Second option is incorrect. The Directive Principles are non-justiciable in nature that is they are not legally enforceable by the courts for their violation. Third option is incorrect. In the Champakam Dorairajan Case (1951), the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail. It declared that the Directive Principles have to conform to and run as subsidiary to the Fundamental Rights. Fourth option is also incorrect. Since 1950, the successive governments at the centre and in the states have made several laws and formulated various programmes for implementing the Directive Principles. Some are like, The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) have been made to protect the interests of women workers. In spite of the above steps by the Central and state governments, the Directive Principles have not been implemented fully and effectively due to several reasons like inadequate financial resources, unfavorable socioeconomic conditions, population explosion, strained Centre-state relations and so on. Goa has a common family law, thus being the only Indian state to have a uniform civil code.
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