Political Science · Political Institutions in India
UGC NET Aug 2024 Political Science
Which among the following is a justiciable right?
ADirective principles of the state policy
BFundamental Duties
CPreamble
DFundamental Rights ✓ Correct
Correct answer: (D) Fundamental Rights — The justiciable right among the options is the Fundamental Rights, which is option (4).
Explanation
★The justiciable right among the options is the Fundamental Rights, which is option (4).
★Justiciable means that the right is legally enforceable in a court of law.
★Fundamental Rights are enshrined in Part III of the Constitution, in Articles 12 to 35.
★If these rights are violated, a person can approach the courts for their protection and enforcement.
★The Supreme Court can be approached directly under Article 32, and High Courts under Article 226.
★The option Directive Principles of State Policy is wrong, because they are non justiciable.
★The Directive Principles in Part IV are only guidelines for the State in making policy.
★The option Fundamental Duties is wrong, because they too are non justiciable.
★The Fundamental Duties in Article 51A are moral obligations expected of citizens.
★The option Preamble is wrong, because the Preamble is not by itself legally enforceable.
★The Preamble states the philosophy and objectives of the Constitution but cannot be enforced in court.
★So only the Fundamental Rights can be directly enforced through the courts.
★This enforceability is what makes the Fundamental Rights the most powerful part of the Constitution.
★Dr Ambedkar called the right to constitutional remedies under Article 32 the heart and soul of the Constitution.
★For NET, remember that Fundamental Rights are justiciable, while the Directive Principles, Fundamental Duties and Preamble are not directly enforceable.
Want more like this? Create a free account to practise a full test, track your progress, and get spaced-repetition review.
Shared by Mcqkart · via Mcqkart.in