Friday, 3 June 2022

Inter-Relationship between Fundamental Rights and Directive Principles

 Inter-Relationship between Fundamental Rights and Directive Principles

The Indian constitution is the longest written constitution of any sovereign nation on the planet. It had 395 articles in 22 parts and 8 schedules when it was first written, and now it has a Preamble, 25 parts with 12 schedules, 5 appendices, 101 amendments, and 448 articles. Every year on January 26th, the Republic Day is commemorated. The Constitution's significance was recognised after 67 years, and it was revised 101 times after that.

Individual human rights are defined by fundamental rights and the DPSP, as enshrined in the Indian Constitution. Fundamental rights are included in the Constitution as a notion that originated in India in 1928. The Motilal Committee Report of 1928 clearly establishes that individuals have inalienable rights derived from the Bill of Rights contained in the American Constitution. These rights were guaranteed by Part III of the Indian Constitution. Fundamental rights are frequently referred to as inalienable rights because they are given to everyone at birth. These are the rights that provide a person with certain essential rights in need to survive. There is no prejudice based on religion, caste, colour, or other factors, and if somebody feels this way, they should speak up.

There are six fundamental right mentioned under the Constitution of India

Right to equality

Right to freedom

Right to freedom of religion

Right against exploitation

Cultural and educational rights

Rights to constitutional remedies

Article 45 of the Irish Constitution gave birth to the DPSP idea. The DPSP requires the state not just to safeguard and recognise the individual's fundamental rights, but also to attain social and economic objectives. Part IV of the Indian Constitution was summarised by DPSP.

Certain criteria have been established for the governmental authorities to work on in order to safeguard society. It primarily focuses on societal welfare and progress. DPSP cannot be used to make any regulations, policies, or recommendations since basic rights are enforceable in a court of law.

Some of the examples of DPSP are:

Right to education

Maternity benefit

Uniform Civil code

Providing proper nutrition food

Providing adequate means of livelihood

However, it is already a controversial topic in the Constitution about the relationship of Fundamental rights and DPSP, as there would be conflict in the interest of individual at a micro level and benefit of the community at a macro level.

The central part of this controversy is the question person should have primacy in the case of conflict between Chapter III and IV of the Constitution of India.

When legislation conflicts with Fundamental Rights, the Directive Principles have been invoked to defend the Constitutional legality of the legislation. The 25th Amendment introduced Article 31-C in 1971 to give the Directive Principles primacy in the form of Article 31-C. This article was added to give effect to the Directive Principles in Articles 39-B and 39-C over the Fundamental Rights granted by Articles 14, 19, and 31.

In the matter of Golak Nath v. Punjab State, 1 The Supreme Court said that fundamental rights cannot be reduced, decreased, or removed, and in response, the Amendment Act was introduced, which incorporated Article 31-C in Part III of the Constitution. If a legislation is drafted with this in mind, effect to DPSP and if it violates Article 14, 19 and 21 then the law should not declare as void merely on this ground.

The application of this article was to be extended to all the DPSP by the 42nd Amendment, 1970, but the Supreme Court struck down the extension as void on the ground that it violated the basic structure of the Constitution in Minerva Mill case 2. The Fundamental Rights and Directive Principles have also been used together in forming the basis of Legislation for the welfare of the citizens.


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