Question

Which of the following parts of the constitution is/are justiciable in nature?

1. Directive Principle of State Policy
2. Fundamental Duties
3. Fundamental Rights

Select the correct answer using the code given below.

1. 3 only
2. 2 and 3 only 
3. 1 and 2 only 
4. 1, 2 and 3 

Answer 1

Correct Answer - Option 1 : 3 only

The correct answer is 3 only.

• The Fundamental Rights are justiciable in nature.
• However, like the Directive Principles, the duties are also non-justiciable in nature.
• Hence statement 3 is correct.

• The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have to be quite conscious of duties they owe to their country, their society, and their fellow-citizens.
  • However, like the Directive Principles, the duties are also non-justiciable in nature.
• The Fundamental Rights are justiciable in nature.
  • They are enforceable by the courts for their violation.
  • The aggrieved person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto for the restoration of his rights. 

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• The directive principles are meant for promoting the ideal of social and economic democracy.
  • They seek to establish a ‘welfare state’ in India.
• However, unlike the Fundamental Rights, the directives are non-justiciable in nature, that is, they are not enforceable by the courts for their violation.
• Yet, the Constitution itself declares that ‘these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws’.
• Hence, they impose a moral obligation on the state authorities for their application.
• But, the real force (sanction) behind them is political, that is, public opinion.