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Which among the following is a justiciable right? 
Question



Which among the following is a justiciable right? 

A.

Directive principles of the state policy 

B.

Fundamental Duties 

C.

Preamble 

D.

Fundamental Rights
 

Correct option is D


The correct answer is (d) Fundamental Rights. In the Indian Constitution, Fundamental Rights are justiciable, meaning that they are enforceable by the courts. If any Fundamental Right is violated, an individual can approach the judiciary for protection and redressal under Articles 32 and 226. These rights are meant to protect the basic freedoms and liberties of individuals and include the Right to Equality, Right to Freedom, Right to Freedom of Religion, Cultural and Educational Rights, and Right against Exploitation, among others.
Here’s why the other options are not justiciable:
· Directive Principles of State Policy (a): These principles, listed in Part IV of the Constitution, serve as guidelines for the government in framing policies and laws. However, they are non-justiciable, meaning they cannot be enforced by the courts. They aim to establish social and economic democracy and promote the welfare state but are not legally binding.
· Fundamental Duties (b): Listed in Article 51A, these duties are moral obligations for Indian citizens. However, they are non-justiciable, meaning individuals cannot be compelled by the courts to fulfill these duties.
· Preamble (c): The Preamble to the Constitution is an introductory statement that outlines the guiding principles and ideals of the Constitution, like justice, liberty, equality, and fraternity. It is non-justiciable and cannot be enforced in a court of law, though it holds interpretive value in understanding the Constitution’s intent.
Information Booster
1. Fundamental Rights are protected by judicial review, allowing the Supreme Court and High Courts to declare any law infringing them as unconstitutional.
2. Directive Principles aim to promote social and economic welfare, covering issues like health, education, and living standards but are not enforceable in courts.
3. Fundamental Duties were added by the 42nd Amendment in 1976, aimed at promoting civic responsibilities among citizens.
4. Preamble's Role: While not enforceable, the Preamble serves as a guide to interpreting the Constitution, establishing India as a sovereign, socialist, secular, democratic republic.
5. Justiciable Rights: Only Fundamental Rights are considered justiciable, providing individuals with a legal mechanism to claim them.
6. Article 32: Known as the “Heart and Soul of the Constitution,” it allows individuals to approach the Supreme Court directly for the enforcement of Fundamental Rights.

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