In which of the following cases did the Supreme court of India give a ruling that, 'in case of any conflict between the fundamental rights and the directive principles, the former would prevail'?
- A.Champakam Dorairajan Case, 1951
- B.Keshvananda Bharti Case, 1973
- C.Golaknath Case, 1967
- D.Minerva Mills Case, 1980
Correct answer
A. Champakam Dorairajan Case, 1951
Explanation
The correct answer is Champakam Dorairajan Case, 1951. In State of Madras v. Champakam Dorairajan, the Supreme Court struck down a Madras government order that reserved college seats by community. The State defended it as carrying out Article 46, a Directive Principle, but the Court held that the Directive Principles must conform to and run subsidiary to the chapter on Fundamental Rights, so in any conflict the Fundamental Rights prevail. The judgment also led directly to the 1st Amendment of 1951, which added Article 15(4) to permit special provisions for backward classes.
The other cases came later and went further. Golaknath (1967) held that Parliament cannot amend Fundamental Rights at all, even to implement Directive Principles. Kesavananda Bharati (1973) held that Parliament can amend any part of the Constitution but not its basic structure. Minerva Mills (1980) held that the balance between Fundamental Rights and Directive Principles is itself part of the basic structure. Read in order, the four cases show how the Court moved from "rights first" to "rights and directives in balance".
Read the full article: Directive Principles of State Policy (Articles 36–51): Notes and PYQs
Practice Questions
View allWhich of the following are enumerated in Part IV of the Indian Constitution, from Articles 36 to 51?
- A.Fundamental Rights
- B.Fundamental Duties
- C.Directive Principles of State Policy
- D.the Union
Show answer
Correct answer: C. Directive Principles of State Policy
Explanation
The correct answer is Directive Principles of State Policy. Part IV of the Constitution, Articles 36 to 51, contains the Directive Principles: the goals the State should pursue in making laws and policies, such as a living wage, free legal aid, village panchayats and a Uniform Civil Code. Article 37 makes them non-justiciable but "fundamental in the governance of the country".
Each wrong option belongs to a different Part. The Fundamental Rights are in Part III, Articles 12 to 35. The Fundamental Duties are in Part IVA, a single Article, 51A, added in 1976. "The Union" is Part V, which begins at Article 52 with the President and covers the Union executive, Parliament and the Supreme Court. Learning the four Parts in a row makes this kind of question easy: Part III rights (12–35), Part IV directives (36–51), Part IVA duties (51A), and Part V the Union (from 52).
Which Article of the Indian Constitution states the following? ‘Directive Principles of State Policy are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.’
- A.Article 40
- B.Article 30
- C.Article 35
- D.Article 37
Show answer
Correct answer: D. Article 37
Explanation
The correct answer is Article 37. It says two things at once: the provisions of Part IV "shall not be enforceable by any court", but the principles laid down in it are "nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws". That is why a citizen cannot sue the government for failing to bring in, say, a Uniform Civil Code, yet courts often rely on the Directive Principles when they judge whether a law is reasonable.
The other options are traps built from nearby numbers. Article 40 is itself a Directive Principle, on organising village panchayats, but it does not state the nature of the whole chapter. Article 30 gives minorities the right to run educational institutions, and Article 35 deals with Parliament's power to make laws giving effect to certain Fundamental Rights; both are in Part III. When a question quotes the words "fundamental in the governance of the country", the answer is always Article 37.
Equal pay for equal work is ensured under which Article?
- A.Article 39(d)
- B.Article 43
- C.Article 42
- D.Article 39(a)
Show answer
Correct answer: A. Article 39(d)
Explanation
The correct answer is Article 39(d). Article 39 lists several principles the State should direct its policy towards, and clause (d) asks it to secure equal pay for equal work for both men and women. Parliament gave effect to it through the Equal Remuneration Act, 1976, whose provisions are now part of the Code on Wages, 2019, and the Supreme Court has also treated equal pay for equal work as flowing from Articles 14 and 16.
The other options are real Directive Principles on related subjects, which is why they mislead. Article 39(a) is about an adequate means of livelihood for all citizens, men and women equally. Article 42 asks for just and humane conditions of work and maternity relief. Article 43 is about a living wage and a decent standard of life for workers. A good way to separate them: 39(a) livelihood, 39(d) equal pay, 42 working conditions and maternity, 43 living wage.
Which of the following articles promotes equal justice and free legal aid for all the citizens?
- A.39A
- B.43A
- C.48A
- D.32A
Show answer
Correct answer: A. 39A
Explanation
The correct answer is 39A. Article 39A asks the State to ensure that the legal system promotes justice on the basis of equal opportunity, and in particular to provide free legal aid, so that no citizen is denied justice because of economic or other disabilities. It was added by the 42nd Amendment in 1976. Parliament gave effect to it through the Legal Services Authorities Act, 1987, which set up the National Legal Services Authority and legal services bodies in the States and districts.
The other options are the three other Articles with a letter that the 42nd Amendment made famous, and one that does not belong. Article 43A, also added in 1976, is about workers' participation in the management of industries. Article 48A, again from 1976, is about protecting the environment, forests and wildlife. Article 32A was inserted in 1976 but repealed by the 43rd Amendment in 1977, so it no longer exists. A useful memory line: 39A legal aid, 43A workers, 48A environment, all from 1976.
Article 40 of the Indian constitution is related with ___________
- A.Organization of village panchayats
- B.Free and compulsory education
- C.Free housing to the poor
- D.Free medical aid to the citizen
Show answer
Correct answer: A. Organization of village panchayats
Explanation
The correct answer is Organization of village panchayats. Article 40 asks the State to take steps to organise village panchayats and to give them the powers and authority they need to function as units of self-government. It is one of the Gandhian principles, reflecting Gandhi's idea of village self-rule. For decades it remained only a direction, until the 73rd Amendment of 1992 made a three-tier Panchayati Raj system compulsory and added Part IX to the Constitution.
The wrong options borrow from other provisions. Free and compulsory education for children aged six to fourteen is a Fundamental Right under Article 21A, while Article 45 now covers early childhood care below six. Free housing to the poor is not a specific Directive Principle at all. Free medical aid is not named either; public health and nutrition come under Article 47. Remember the link: Article 40 was the seed, and the 73rd Amendment turned it into the Panchayati Raj institutions we have today.