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Question

Explore the relationship between Fundamental Rights and Directive Principles.

Solution
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The Fundamental rights are given in Part III of the Constitution and Directive Principles are provided in Part IV of the Constitution.

Both fundamental rights and Directive Principle are fundamental in the governance of the nation. They provide for state duty and action while the Directive Principle directs the state to take action positively the Fundamental Rights remind not to interfere arbitrarily in individual's right and liberty.

This way fundamental rights talks about individual welfare while the Directive Principles talks about the welfare of the nation as a whole.

Though the Fundamental Rights are enforceable in the court of law and Directive Principles are not, the objective of both the Part is to establish egalitarian welfare State.

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Q1
Explore the relationship between Fundamental Rights and Directive Principles.
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Q2

In case of a conflict between the Directive Principles and the Fundamental Rights, which one shall prevail?


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Q3
Both the Fundamental Rights and the Directive Principles of State Policy are non-enforceable by law.
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Which of the following statements is/are not indicative of the difference between Fundamental Rights and Directive Principles?
I. Directive Principles are aimed at promoting social welfare, while Fundamental Rights are for protecting individuals from State encroachment.
II. Fundamental Rights are limitations on State action, while Directive Principles are positive instructions for the Government to work towards a just socio-economic order.
III. Fundamental Rights were included in the original Constitution, but Directive Principles were added by the First Amendment.
IV. Fundamental Rights are amendable, but Directive Principles cannot be amended.
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Consider the following statements:
1). Fundamental rights are negative in nature while Directive principles are positive.
2). Fundamental rights aim at establishing social and economic democracy while Directive principles aim at establishing political democracy.
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