FR, DPSPS and Duties

Indian Political System(PCS)

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Consider the following statements

The Fundamental Rights are legally enforceable in a court of law in India.
In the Minerva Mills judgment (1980), the Supreme Court held that, “Indian Constitution is founded on the bed-rock of the balance between Part IV and Part V of the Constitution.
According to the Constitution, if a law is made to implement any of the Directive Principles, it cannot be challenged on the ground of being violative of the Fundamental Rights under Articles 14 and 19.

Select the correct statement.

1&2 only

2&3 only

1&3 only

All of the above

Explanation:

Only statements 1&3 are correct.

The Fundamental Rights lie at the heart of the Constitution, and are justiciable — that is, they are legally enforceable in a court of law.
In its landmark Minerva Mills judgment (1980), the Supreme Court held: “Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles). To give absolute primacy to one over the other is to disturb the harmony of the Constitution.”
Article 31C says that if a law is made to implement any of the Directive Principles, it cannot be challenged on the ground of being violative of the Fundamental Rights under Articles 14 and 19.

Hence option 3rd is correct.

By: Shubham Tiwari

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