Inter Relationship between Fundamental Rights and Directive Principles

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

  1. 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).
  2. 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.
  3. 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).
  4. 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.
  5. 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.
  6. 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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