Evolution of the Relationship Between Fundamental Rights and Directive Principles Under the Constitution of India
Article Details
Pub. Date
:
Jan, 2014
Product Name
:
The IUP Law Review
Product Type
:
Article
Product Code
:
IUPLR41401
Author Name
:
Achyutananda Mishra
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:
YES
Subject/Domain
:
Law
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20
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Abstract
The Constitution of India contains provisions combining both the individual freedoms and social welfare. Individual freedoms are represented in Part III as Fundamental Rights (FR) and social welfare in Part IV as Directive Principles of State Policy (DPSP). There have been curious developments as to their relationship or so to say the predominance of one over the other. The Supreme Court of India was initially reluctant to give any value to Directive Principles (DP) vis-à-vis FR. Compelled by such a situation, the Parliament brought successive amendments to further the goal of welfarism. This led to an unpleasant situation of virtual tussle between legislature and judiciary. Of late, the judiciary has woken up to the reality of socioeconomic justice and interpreted both, i.e., FR and DP as integrated ones. They constitute the negative and positive aspects of human rights, respectively. This development has helped in the growth of the ambit of FR and specifically Article 21. The integrative approach has enriched the growth of constitutional jurisprudence.
Description
The Constitution of India, the very basic document governing the nation, provides
protection of individual rights and liberties as well as the promotion of collective goods.
Part III of the Constitution enumerates the rights of individual as Fundamental Rights
(FR) which are sacrosanct and inviolate, whereas Part IV provides certain principles
which are fundamental in the governance of the country and which guide the institutions
for lawmaking and governance. Part III rights are enforceable in nature, while Part IV
principles are non-justiciable hence cannot be enforced in a court of law. So, it appears
that they are not connected or related to each other. There was much controversy as to
the interpretation of their relationship. But if we peep into the history of their formation
and formulation, we can find that they were born out of the same desire to bring about
socioeconomic and political democracy and are inherently connected to each other
from their very birth. After initial reluctance, the Supreme Court of India has accepted
the fact of their inherent integrity or rather it has moved many steps ahead and mostly
obliterated the line of distinction between them by the canon of creative interpretation.
This paper seeks to discuss the historical aspect of their growth and analyze the
relationship between them and its contribution to the growth of constitutional
jurisprudence in India.
Keywords
Law Review Journal, Evolution of the Relationship, Fundamental Rights, Directive Principles, Constitution of India, Fundamental Rights (FR), Directive Principles of State Policy (DPSP), Directive Principles (DP).