SSC Indian Polity and Civics Sample Paper NCERT Sample Paper-3

  • question_answer
    Which Amendment of the Constitution gave priority to Directive principles over fundamental rights?

    A)  24th Amendment

    B)  39th Amendment

    C)  42nd Amendment

    D)         40th Amendment

    Correct Answer: C

    Solution :

    [c]   The Supreme Court has observed that on the whole there is no conflict between the provisions contained in part III and IV of the constitution and they are complementary and supplementary to each other. The 25th amendment to the constitution gave primacy to directive principles contained in the Art. 39 [b] & [c] over the fundamental rights in Arts. 14, 19 & 31.The 42nd amendment to the constitution adding Art. 31 C increases greatly the value of directive principles in so far as it saves any law made in implementation thereof from being declared void for contravention of fundamental rights contained in Arts 14, 19 & 31 of the constitution .The 45th constitution Amending Act seeks to limit this overriding effect to Art. 39 [b] & [c]. Fundamental Rights and the Directives are complementary to each other: Chandrachud, C.J., in Minerva Mills Ltd v. Union of India said that the Fundamental Rights "are not an end in themselves, but are, means to an end". The end is specified in the Directive Principles. Further it was said that the Fundamental Rights and the Directive Principles together constitute the core commitment to social revolution, and together they are the conscience of the Constitution. The Indian Constitution is founded upon the bedrock of balance between the two. The court held that to give absolute primacy to one over the other is to disturb the harmony of the Constitution, and that this harmony and balance between the two is an essential feature and a basic structure of the Constitution. To destroy the guarantees by Part III in order to achieve the goals in Part IV will destroy the basic character of the Constitution. Hence section 4 of the 42nd Amendment which gave primacy to Directive principles over Fundamental Rights under Articles 14, 19, 31, was held by the majority to be unconstitutional.

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