Political Science, asked by jayantpal59, 4 months ago

मौलिक अधिकार एवं निर्देशक सिद्धांतों उसमें टकराव की स्थिति में की विजेता दी जाएगी​

Answers

Answered by moriohcho
2

Answer:

The conflict was between article 16(2) from the chapter of Fundamental Rights and Article 46 of the Constitution. Article 16(2) says that :

No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

Explanation:

The Supreme Court held that Article 37 expressly says that the directive principles are not enforceable by court. Supreme Court mandated that the chapter on Fundamental rights in the constitution is sacrosanct and the directive principles have to conform to and run subsidiary to the chapter on Fundamental Rights.

This means that Fundamental Rights were given superiority over the Directive principles. This continued for a decade and half and some other cases such as Qureshi v/s State of Bihar, Sajjan Singh V/s State of Rajasthan cases court confirmed this stand.

Source:

https://www.gktoday.in/gk/conflict-between-fundamental-rights-and-directive-principles-of-state-policy/#:~:text=The%20conflict%20was%20between%20article,Article%2046%20of%20the%20Constitution.&text=This%20means%20that%20Fundamental%20Rights%20were%20given%20superiority%20over%20the%20Directive%20principles.

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