Q. Consider the following statements:
1.Part IV of the Constitution contains guidelines called Directive Principles of State Policy (DPSP).
2.Article 31B ensures that no law under Article 39(b) and (c) can be challenged on the grounds of violating fundamental rights.
3.The right to property is only a constitutional right.
4.Any privately-owned property could be considered a material resource for public good by the government.
Which of the statements given above are correct?
Explanations –
Statements 1 and 3 are correct. Part IV of the Indian Constitution contains the Directive Principles of State Policy (DPSP), which guide the government in achieving social and economic justice. These principles are not enforceable by law but are fundamental in the governance of the country. After the 44th Constitutional Amendment in 1978, the right to property was removed from the list of Fundamental Rights and is now a constitutional right under Article 300A.
Statements 2 and 4 are incorrect. Article 31B protects laws placed in the Ninth Schedule from being challenged for violating fundamental rights. Instead, Article 31C, introduced through the 25th Amendment, protects laws made to implement Articles 39(b) and (c) from being challenged on the grounds of violating fundamental rights. The Supreme Court has clarified that not all privately-owned property can be considered a “material resource of the community” under Article 39(b).
Source: The Hindu
