A) Fundamental Rights are positive while Directive Principles are negative
B) Directive Principles are given precedence over Fundamental Rights by the Courts in all case:
C) Fundamental Rights are justiciable while Directive Principles are not
D) None of the above
Correct Answer: C
Solution :
[c] The Directives are non-justiciable. Courts do not enforce them. A directive may be made enforceable by the courts only when there is a lam on it. Fundamental rights, on the other hand are justiciable. They impose legal obligations on the state as well as on individuals. Courts enforce them. If a law violates a fundamental right, the law in question will be declared void. But no law will be declared unconstitutional on the ground that it violates a directive principle against violation of a fundamental right, constitutional remedy under Art. 32 are available which not the case is when a directive is violated either by the state or, by individual. For this reason Prof K.T. Shah deprecates the Directive Principles as "Pious wishes" or a mere window dressing for the social revolution of the country.
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