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2)Critically analyze whether the non enforceability of DPSPs make them subservient to Fundamental Rights?(250 words)

Topic – Part of static series under the heading “DPSP lays the foundation of welfare polity”

2)Critically analyze whether the non enforceability of DPSPs make them subservient to Fundamental Rights?(250 words)

 

Key demand of the question

The question compares FR and DPSP and comments that since DPSPs are non enforceable in a court of law, it makes them inferior to FRs. We need to highlight the importance of DPSP, examine whether they lag behind FRs and provide a fair and balanced conclusion.

Directive word

Critically analyze – When asked to analyze, you  have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. You need to conclude with  a fair judgement, after analyzing the nature of each component part and interrelationship between them.

Structure of the answer

Introduction – Discuss the reason why this debate arises.

Body

  • Bring out points which highlight that FRS are superior to DPSP due to their sacrosanct nature and article 32.
  • Examine why the above statement is like comparing apples and oranges as FRs strive to provide civil and community rights whereas DPSPs deal with socio economic right which seeks to create a welfare state.
  • Examine the view of constitutional experts like br Ambedkar to bolster your arguments etc

Conclusion – Highlight that even supreme court gave the doctrine of harmonious construction to maintain a balance between part III and IV