In this article you will learn about the Relation Between Fundamental Rights and Directive Principles.
Fundamental Rights and Directive Principles
Fundamental Rights and Directive Principles are two key components of the Constitution of India. While Fundamental Rights are justiciable and enforceable through legal remedies, Directive Principles are non-justiciable and provide guidelines for the government in policy making. Let's delve deeper into their relationship :
Fundamental Rights : Fundamental rights are enshrined in Part III (Articles 12-35) of the Indian Constitution. These rights guarantee individual freedoms and liberties and serve as a shield against arbitrary state action. They include rights such as the right to equality, right to freedom of speech and expression, right to protection from discrimination, and right to life and personal liberty, among others. Fundamental rights are justiciable, meaning citizens can approach the courts to seek remedies in case of their violation.
Directive Principles of State Policy : Directive principles are enshrined in Part IV (Articles 36-51) of the Indian Constitution. They lay down the ideals and goals that the government should strive to achieve to establish a just and welfare-oriented society. Directive principles cover a wide range of areas, including social, economic, and political issues. They include principles such as the promotion of equal opportunities, the provision of adequate means of livelihood, the promotion of educational and cultural institutions, protection of the environment, and more. Directive principles are non-justiciable, meaning they are not legally enforceable by the courts.
The relationship between fundamental rights and directive principles can be understood in the following ways :
Complementary Nature : While fundamental rights focus on individual liberties and freedoms, directive principles emphasise the broader societal welfare and development goals. Both aim to establish a just and egalitarian society. The framers of the Indian Constitution envisioned that the government would use the directive principles as guiding principles in formulating policies that would enable the realisation of fundamental rights.
Harmony and Balancing : Although directive principles are not legally enforceable, the courts in India have recognized their importance. The judiciary seeks to interpret laws in a manner that harmonises both fundamental rights and directive principles. In cases where a conflict arises between the two, the courts attempt to strike a balance by considering the underlying principles and objectives of each.
Progressive Interpretation : Over the years, the judiciary has recognized the interdependence of fundamental rights and directive principles. Courts have held that fundamental rights cannot be interpreted in isolation but need to be understood in the context of directive principles. This approach promotes the interpretation of fundamental rights in a manner that advances the goals outlined in the directive principles.
View of the Parliament
The Parliament of India always tried to give greater importance to the Directive Principles than the Fundamental Rights.
Let us discuss how :
1. Implementation of DPSP alone can complete our democracy.
The Parliament, while viewing the importance of fundamental rights of the people, all along was guided by the view that it was the responsibility of the state to implement the Directive Principles. But without implementing all these, the socio-economic dimension of Indian Democracy was bound to remain incomplete and without it the State could not achieve the objectives set by the Indian Constitution. The DPSP represented the will of the founding fathers, the demands of the public opinion and the necessities of a democratic polity committed to secure the socialist goals through an effective legislation.
2. Implementation of DPSP constituted a bigger priority than Fundamental Rights.
The attainment of DPSP was held to be a sacred duty of the State. For discharging this responsibility the state could amend the rights contained in the chapters on Fundamental Rights. The DPSP can be, as the environment may demand, and should be given even priority over the Fundamental Rights. The developmental needs of the society should be given the determinant for deciding whether Fundamental Rights should be amended for implementing Directive Principles or not. In case it was felt necessary to amend the rights for implementing the directives then the government should go effectively and certainly.
3. Fundamental Rights can be amended for implementing DPSP.
The Parliament always asserted its right to amend the Indian Constitution, its every part, in accordance with the procedure laid down in Article 368. It always upheld the fact that the Fundamental Rights could be amended, if need be for implementing the directive Principles.
The Parliament on several occasions amended the Fundamental Rights for implementing the Directive Principles as well as for overcoming the hindrances resulting from certain judicial decisions.
The Present Position
In respect of the relationship between the Fundamental Rights and DPSP the position that prevails in contemporary times can be summarised as under that :
- The Parliament has the power to amend the Fundamental Rights in accordance with Article 368 of the Constitution.
- The Parliament cannot change the basic structure of the Constitution.
- The Judiciary has the power to conduct Judicial review over amendments. It has the responsibility to decide whether any part of any amendment violates the basic structure of the Constitution or not. It also determines the reasonableness of the restrictions placed on Fundamental Rights.
- The Fundamental Rights, being enforceable and being mentioned before the DPSP, enjoys a legal superiority over the latter.
- The state must implement both the Fundamental Rights and DPSP and not either of the two.
This article on Relation Between Fundamental Rights and Directive Principles is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.