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eable by law courts, why have they been
5. What happens in case of any conflict between the Directive Principles and Fundamental
Rights? Give reason to support your answer.
5. Name any one measure taken by the Govern
Principles of State Policu
Answers
Answer:
Fundamental rights are the basic rights that are given to the citizens by the Constitution. The Directive Principles are the guidelines that should be followed by the government to establish a welfare state. An important difference between the two is that while the fundamental rights are justiciable and can be enforced by the court, the Directive Principles are non justiciable and cannot be enforced upon the government.
The first conflict between the fundamental rights (FR) and the directive principles (DR) appeared in Champakam Dorairajan case. In this case, the Supreme Court ruled that FR have a superiority over DP. It is because while the former are enforceable, the latter is not. In rest of other cases too, FR were given an edge over DP.
However, we can say that FR and DP are complimentary to each other. Though a court cannot ask the government to obey the DP. But if the government does not follow the DP, the people of the country can show doors to the government by not electing the government after the completion of its term.
Explanation:
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