Polity & Governance Practice Question›› Indian Polity ››
Fundamental Rights
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Justiciable and Non-Justiciable Rights
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Question 1
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Consider the following Rights:
1. Right to adequate livelihood
2. Right against economic exploitation
3. Right to work
4. Right to equal payment for equal work
How many of the above given Rights are non-justiciable?
(a) Only Two
(b) Only Three
(c) All Four
(d) None of the above
Explanation
Non-justiciable rights are those that cannot be directly enforced through the courts. They are typically found in the Directive Principles of State Policy (DPSP), which are guidelines for the government in policy making and governance, enshrined in Part IV of the Indian Constitution. Item 1 is correct: Right to adequate livelihood is mentioned under Article 39(a) of the DPSP. The State is directed to secure a livelihood for all citizens but this right is non-justiciable. Item 2 is correct: Right against economic exploitation is implied in Articles 39(e) and 39(f) of the DPSP.These articles emphasize the prevention of exploitation of men, women, and children. However, they are also non-justiciable. Item 3 is correct: Right to work is mentioned under Article 41 of the DPSP. It directs the State to ensure the right to work within its economic capacity but is non-justiciable. Item 4 is correct: Right to equal payment for equal work is mentioned under Article 39(d) of the DPSP.The principle mandates the State to ensure equal pay for equal work, but it is non-justiciable.
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