Fundamental Rights and Directive Principles of State Policy (DPSP) in the Indian Constitution collectively aim to establish a just and equitable society. Although they differ in nature and enforceability, they are complementary and interdependent, forming the backbone of India’s constitutional framework.
Fundamental Rights
- Definition: Guaranteed rights that protect individual liberties and ensure equality.
- Enforceability: Justiciable (can be enforced in courts).
- Objective: Safeguard individual freedoms and prevent state encroachment on rights.
Directive Principles of State Policy (DPSP)
- Definition: Guidelines for the state to frame policies aimed at achieving socio-economic justice.
- Enforceability: Non-justiciable (cannot be enforced in courts).
- Objective: Achieve socio-economic democracy and welfare of society.
Interrelationship
- Complementary Objectives
- Fundamental Rights focus on individual rights, while DPSPs aim at collective welfare.
- Together, they strive for political democracy (Fundamental Rights) and economic and social democracy (DPSPs).
- Judicial Interpretation
- Courts have upheld the idea that Fundamental Rights and DPSPs should not be viewed as conflicting but as harmonizing provisions.
- The Kesavananda Bharati case (1973) established that the basic structure of the Constitution includes both Fundamental Rights and DPSPs.
- Amendments to Bridge Gaps
- 42nd Amendment Act, 1976 emphasized that DPSPs should be considered fundamental in governance, attempting to balance them with Fundamental Rights.
- Right to Education (Article 21A) was introduced via the 86th Amendment, blending Fundamental Rights with the DPSP of free and compulsory education (Article 45).
- Judicial Balancing
- Minerva Mills Case (1980): The Supreme Court declared that giving absolute primacy to DPSPs over Fundamental Rights would destroy the basic structure of the Constitution. Harmony between the two is essential.
- Courts have increasingly interpreted Fundamental Rights expansively to include elements of DPSPs, e.g., right to life under Article 21 now incorporates the right to a clean environment, health, and livelihood.
- Socio-Economic Justice
- DPSPs like Article 38, Article 39, and Article 41 guide state policy towards minimizing inequalities and providing social security, thereby operationalizing the principles underlying Fundamental Rights.
- Legislative Efforts
- Laws like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) align with DPSPs while indirectly reinforcing the Fundamental Right to life and livelihood.
- The Food Security Act, 2013 reflects Article 47’s directive to raise the level of nutrition and standard of living.
Contradictions and Resolution
- Right to Property (Article 31):
The abolition of the Right to Property as a Fundamental Right (via the 44th Amendment) ensured greater alignment with DPSPs aimed at land reforms and equitable distribution.
- Judicial Restraint:
Courts avoid invalidating laws implemented under DPSPs unless they violate the basic structure or essential features of Fundamental Rights.
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