Question

Which provisions of the Constitution are non-justifiable ?
(1)
Fundamental Rights
Directive principles of state policy
(3)
Legal Rights
(4)
Fundamental Rights and Fundamental Duties both.​

Answer 1

(2) Directive Principle of State Policy

Explanation:

• In the 1945 Sapru Report, which split fundamental rights into two parts, fundamental rights and principles of the Directive come from common roots; that is rights which are justified and which cannot be justified. Although in Part III justifiable rights were introduced, non-rights were incorporated in the State as directive principles to the state without any guarantee to be enforced through court
• Therefore,  the directive principles are guidelines defined by the constitution to the state as stated  in article 12 (central,/state/local government and bodies). The fundamental idea is that the “state” must keep these principles while framing policies, laws, ordinances, and so on.
• Directive Principles of State polices are not enforceable in the court of law. They are non-justifiable bearing in mind that the state may not have resources to execute them. They are all novel values that allow the state to establish a welfare state with live constitutional ideals

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Answer 2

The Fundamental Rights are the provisions of the Constitution that are non-justifiable.

Option: 1

Explanation:

• The fundamental duties are the provisions that were designed according to the the individual and the nation and was non-justiciable.
• The primary aim in integrating the tasks is to instill the people a feeling in patriotism.
• There are no specific requirements for such responsibilities to be performed.
• Such responsibilities are unjusticiable, ensuring any infringement is not punished.
• The Supreme Court or High Courts get the authority to provide directions or orders or writs to impose some of the Constitutional Rights.

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