Consider the following statements regarding the relationship between Fundamental Rights and Directive Principles of State Policy (DPSP) in India:

1. Courts do not have the power to declare a law unconstitutional and void solely on the ground that it violates a Directive Principle.
2. The Supreme Court in the Minerva Mills case (1980) declared that the Constitution is founded on the bedrock of the balance between Fundamental Rights and Directive Principles.

Which of the statements given above is/are correct?

Question

Consider the following statements regarding the relationship between Fundamental Rights and Directive Principles of State Policy (DPSP) in India:

1. Courts do not have the power to declare a law unconstitutional and void solely on the ground that it violates a Directive Principle.
2. The Supreme Court in the Minerva Mills case (1980) declared that the Constitution is founded on the bedrock of the balance between Fundamental Rights and Directive Principles.

Which of the statements given above is/are correct?

Accepted Answer

Statement 1 is correct: Directive Principles of State Policy are non-justiciable in nature. Therefore, courts cannot declare a law invalid or unconstitutional solely because it violates them. However, they can uphold the validity of a law if it was passed to give effect to a Directive Principle. Statement 2 is correct: In the Minerva Mills case (1980), the Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between Fundamental Rights and Directive Principles. They are complementary to each other, though presently, Fundamental Rights enjoy supremacy over Directive Principles (subject to certain exceptions like Article 39(b) and 39(c)).

Answer

Answer