Relationship between fundamental rights and directive principles of state policy in india

relationship between fundamental rights and directive principles of state policy in india

The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India . The focus shifted from demanding equality of status between Indians and the British to assuring . among those sought to be classified, as well as have a rational relation to the object sought to be. So the Directive Principles has to be enunciated in the Indian. Constitution. 9. The relationship between Directive Principles of state policy and the Fundamental. Fundamental Rights and Directive Principles of State Policy | Political Science in the Indian Political System through appropriate legislation by the state. of state policy there has been tension in the mutual relationship between Part III and .

The result is that the whole purpose behind the Constitution which was meant to be a dynamic Constitution leading to a certain goal step by step, is somewhat hampered and hindered by the static element being emphasized a little more than the dynamic element. In Chandra Bhawan Boarding and Lodging Bangalore v State of Mysore18, the Minimum Wages Act, was challenged for conferring unrestricted, unfettered and arbitrary power on the statein determining the minimum wages. The state argued that it was obligated to provide for minimum wages in accordance with the Directive Principles.

Fundamental Rights, Directive Principles and Fundamental Duties of India - Wikipedia

Although these judgments were more dynamic in comparison to the previous 16 Parliamentary Debates, Vol. It could easily be speculated that the 42nd Amendment in was to accord primacy to the Directive Principles over the Fundamental Rights. In Minerva Mills Ltd. It was stated that Part III and Part IV together comprised of the core of the constitution and any legislation or amendment that destroyed the balance between the two would be in contravention to the basic structure of the Constitution.

Chandrachud reasserted that Parts III and IV are complementary to each other and together they constitute the human rights of an individual. Reading these provisions independently would be impossible, as that would render them incomplete and thereby inaccessible. In Sanjiev Coke Mfg.

relationship between fundamental rights and directive principles of state policy in india

The court thus upheld the Coking Coal Mines Nationalization Act, by granting greater importance to Directive Principles than Fundamental Rights in accordance with Article 31C that provided for the same. AIR SC Abu Kavier Bai These are binding on the state.

relationship between fundamental rights and directive principles of state policy in india

Their violation is an offence. On other hand, Directive Principles have been denied a legal basis by the constitution. But the Directive Principles enjoy widespread support of public opinion. The State finds it essential to work for the implementation of these principles under the pressure of public opinion.

For State and Citizen: Fundamental Rights are for citizen whereas Directive Principles are for state. The fundamental rights are given to the people of India so that they may be able to develop their personalities whereas Directive Principles are the directives for the state which would keep in view while formulating national policies.

They guide the state in the formulation of national policy. Due to difference in the nature of fundamental rights and directive principles of state policy there has been tension in the mutual relationship between Part III and Part IV of the constitution. Fundamental rights as enshrined in Part III of the constitution the civil political dimension of Indian democracy. These stands constitutionally granted and guaranteed. The directive principles as enshrined in Part IV of the constitution constitute the socio-economic dimension of the Indian democracy which the state is to achieve through appropriate legislation.

No one as such can question the attempts of the state to implement the directive principles. However, the existence of some conflict between some of the fundamental rights and directive principles, at times, makes the attempts controversial.

In the past, the Right to Equality, the Right to freedom and the Right to property as contained in Articles 14, 18, 19, 22 and 31 respectively often got involved in a controversy with several laws which were enacted by the state for implementing the Directive principles contained in articles 39 b and 39 c and others.

relationship between fundamental rights and directive principles of state policy in india

Article 19 1 g guarantees the freedom to practice any profession or carry on any profession, trade or business but Article 47 calls upon the State to introduce prohibition and to ban cow slaughter. Fundamental Rights do not include the right to work, education and public assistance but Article 41 of Part IV calls upon the State to make effective provisions for securing these.

Article 15 1 prohibits discrimination. These Articles often make the implementation of the Directive Principles under Article 46 difficult which all upon the State to take special care for protecting the educational and economic interests of the weaker sections of the people. This feature has been a source of conflict between Fundamental Rights and Directive Principles. Indian Constitution on the one hand declares that the Directive Principles of State Policy are not justiciable but on the other hand observes that these will be fundamental in the governance of the country.

It makes a responsibility of the State to implement the Directive Principles through appropriate legislation. In doing so, government often finds itself limited by existence of constitutionally guarded and legally sanctioned fundamental right of the people.

relationship between fundamental rights and directive principles of state policy in india

Because of these two major reasons, there has been present the problem of relationship between the Fundamental Rights and Directive Principles of State Policy. There exists a discernible difference between the perceptions of the Parliament and the Supreme Court over the issue of the relationship between these two vitally important parts of the Constitution.

The Parliament, while recognising the importance of Fundamental Rights, has all along been guided by the view that it was the responsibility of the State to implement the Directive Principles. Without implementing these Principles, the socio-economic dimension of India democracy is bound to remain incomplete and without it the State cannot achieve the objectives set-forth by the Constitution.

The Directive Principles of State Policy represent the will of the founding fathers, the demands of the public opinion and the imperative necessity of a democratic policy committed to secure the socialist goals through effective legislation.

The attainment of Directive Principles is a sacred duty of the State. For discharging this responsibility the State can, if need be, amend the rights contained in the chapter of Fundamental Rights. The Parliament has always asserted its right to amend every part of the Constitution in accordance with the procedure laid down in Article It has upheld the view that Fundamental Rights can be amended if need be, for implementing the Directive Principles.

By this amendment, the Parliament reasserted that Fundamental Rights are amenable and that Parliament had the power to amend every part of the Constitution in accordance with Article Similarly through the 25th Amendmentthe Parliament gave a serious blow to the right to property and in this matter limited the jurisdiction of the Supreme Court.

Fundamental Rights and Directive Principles of State Policy | Political Science

Article 31 c was inserted which held that laws made by the Parliament and the State legislatures for implementing the Directive Principles contained in Article 39 b and c could not be held void on the ground that these violated the Fundamental Rights mentioned in Articles 14, 19 and With the 42nd Constitutional Amendmentthe scope of Article 31 c was enlarged and provision was made that all the Directive Principles shall have primacy over the fundamental rights given under Articles 14, 19 and 31 and the laws passed with a view to enforce them shall not be declared void by any court on the ground that they are inconsistent with the fundamental rights given under Article 14, 19 and In this way the Directive Principles secured precedence over the fundamental rights.

Under the 44th Constitutional Amendment, all the Directive Principles continued to enjoy primacy over fundamental rights given under Articles 14, 19 and By this Amendment, the Right to Property was excluded from the list of fundamental rights and Articles 19 1 f and Article 31 connected with this right were deleted.

In the Minerva Mills vs.

relationship between fundamental rights and directive principles of state policy in india

Indian Union case on May 3,the Supreme Court in one of its historic judgment once again gave precedence to Fundamental Rights over Directive Principles. The Supreme Court declared unconstitutional the section 4 of the 42nd Constitutional Amendment Acts, which gave primary to Directive Principles over Fundamental Rights on the ground that it was ultra-virus to the basic structure of the Constitution.

Under section 4, the scope of Article 31 c was enlarged and all the Directive Principles were given precedence over fundamental rights given under Articles 14, 19 and 31 of the Constitution with this verdict of the Supreme Court, the old position of the 42nd Constitutional Amendment was restored.

Now the government will be able to make and enforce laws only on the directive principles given under Articles 39 b and 39 c. If for other reasons the government deprives citizens of their fundamental rights, it can be challenged in the court. Despite these developments, Fundamental Rights and Directive Principles of State Policy are not inimical to each other but are complementary and supplementary to each other.

Together, not individually, they form the care of the Constitution together, not individually; they constitute its true conscience.

Fundamental Rights and Directive Principles of State Policy | Political Science

There is no question of opposition between the Fundamental Rights and Directive Principles. Article 19 of the Indian Constitution gives a right to adopt any profession, trade of business and Article 41 of the Indian Constitution concerned with the Directive Principles of State Policy, direct the State to strive to give work to each individual. Similarly, Article 29 2 concerned with the Fundamental Rights provides; that no discrimination would be made on the basis of caste, color, race, religion and sex etc.

Directive Principles are helpful in giving proper direction to fundamental rights. Rights are changed with the passage of time and Directive Principles of State Policy which have been embodied in the Indian Constitution keeping in view the demands of the future, help in giving proper direction to Fundamental Rights e.