Relationship between Fundamental Rights and Directive Principles
Fundamental Rights and Directive Principles are often viewed as complementary aspects of the Indian Constitution. While Fundamental Rights restrict the government from certain actions, Directive Principles encourage the government to undertake certain measures for the welfare of society as a whole.
Fundamental Rights primarily safeguard the rights of individuals, whereas Directive Principles aim at ensuring the well-being of society at large. However, conflicts can arise when the implementation of Directive Principles infringes upon the Fundamental Rights of citizens.
An example of such conflict arose during the government’s efforts to abolish the zamindari system, which faced opposition on the grounds of violating the right to property. Despite this opposition, the government amended the Constitution to prioritize the Directive Principles over individual interests. This sparked a legal battle, with the executive and judiciary holding differing views. The government argued that rights could be curtailed to uphold Directive Principles, while the court maintained that Fundamental Rights were sacrosanct and could not be limited even for the implementation of Directive Principles.
The contentious issue of the right to property played a significant role in this debate. Initially recognized as a Fundamental Right, the right to property underwent amendments over time, culminating in its removal from the list of Fundamental Rights through the 44th amendment in 1978. This change in status had implications for the nature and extent of the right to property.
However, the debate over constitutional amendments and their limits was settled through the landmark Kesavananda Bharati case, wherein the Supreme Court ruled that certain basic features of the Constitution, including Fundamental Rights, are beyond the scope of parliamentary amendment. This decision laid the foundation for understanding the Constitution as a living document, a concept explored further in subsequent chapters.
Class 11 School Polity: Relationship between Fundamental Rights and Directive Principles
Fundamental Rights and Directive Principles of State Policy (DPSP) are two pillars of the Indian Constitution, each serving distinct yet complementary roles in shaping the country’s governance.
While Fundamental Rights safeguard individual liberties, DPSP guide the government towards socio-economic justice and welfare for all citizens.
Contact Us