FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES of STATE POLICY: COMPARATIVE ANALYSIS
Author- Aanya Shukla , B.A.LLB(Hons), CMP Degree College, University of Allahabad, Prayagraj
Abstract
The Fundamental Rights and the Directive Principles of State Policy (DPSP) are two important parts of the Indian Constitution. They reflect the goals, values and ideals on which Indian Democracy is based.
Fundamental Rights, given in part lll of the Constitution ( Article 12 to 35) [1] , protect the basic human rights of all citizens. These rights ensure equality, freedom and Justice for everyone. They include the right to equality, freedom of speech and expression , right to practice, religion, right to constitutional remedies and protection against exploitation. These rights are enforceable by law, meaning any citizen can go to the court, if these are violated.
The Directive Principles of State Policy , found in Part IV ( Articles 36 to 51)[2] are guidelines for the government to follow while making law and Policies. They aim to create social and economic equality, improve the equality of life for all the citizens and build a welfare state. These Principles are not legally enforceable in court but are important for governnance of the country. They include promotion of education,equal pay for equal work, protection of the environment, health and support for weaker sections of society.
Introduction
The Constitution of India is the supreme law of the land. It not only defines the structure of government but also protects the rights of the people and sets goals for the nation's development.
The Fundamental Rights mentioned in part lll of the Constitution are the basic rights guaranteed to every citizen. These rights ensure freedom, equality and justice in society. They protect individuals from any unfair actions by the state and allow them to live with dignity.
The Directive Principles of State Policy mentioned in Part -IV are the guidelines for the government to follow while framing laws and policies. These Principles aim to create a just and fair society where everyone has equal opportunities and to basic needs like education, health and employment.
Relationship Between Fundamental Rights and Directive Principles of State Policy
The Indian Constitution is based on Justice, equality, freedom and dignity for all. Two important parts of the Constitution are Fundamental Rights and Directive Principles of State Policy (DPSPs). Though different in nature,they work together to create a balanced and fair Society.
Meaning of Fundameental Rights
Fundamental Rights are the basic human rights that every citizen gets. They protect individuals from unfair actions and allow them to live with freedom, equally and dignity. These rights are written in Part lll of the Constitution (Articles 12 to 35)
Meaning of Directive Principles of State Policy
DPSPs are written in Part IV ( Article 36 to 51) of the Constitution. They tell the government what it should do to improve the lives of people. These include things like free education,equal pay for work and help for the poor and weak.
Purpose of Fundamental Rights
The main aim of fundamental rights is to :-
Protect Individuals
Ensure Personal Freedom
Stop exploitation or unfair treatment.
These rights are enforceable in court.
Purpose of Directive Principles of State Policy
The aim of DPSPs is to :
● Create Social and Economic Justice
● Guide the government to work for the common good
● Help form a welfare state where all people are treated fairly.
They are not enforceable in court , the government must try to follow them.
Nature
of Rights vs. Duties
● Fundamental Rights focuses on the duties of the state towards individuals.
● DPSPs focuses on the duties of the state towards Society
both together form the foundation of India's democracy and welfare system.
How
they support each-other
Even though they are different, both work towards the same goal - a better and fair India.
● Fundamental Rights ensures Freedom and protection for Individuals.
● DPSPs ensure equality and welfare for the society as a whole.
Together they help bring Justice, liberty and equality to all the citizens.
They may look different , but they are closely connected .
In many ways , they support and strengthen each other to achieve the golas of justice, equality and welfare for all.
-:Shared
Goals
Both Fundamental Rights and DPSPs aim to :
● Protect human dignity
● Ensure Justice - social, economic and political
● Build a fair and equal society
-: Personal
Freedom and Public Welfare
● Fundamental Rights focuses on Individual Freedom,like the right to speak,move and live freely.
● DPSPs focus on welfare of all , like providing education, health and equal opportunity.
This means while fundamental Rights protect basic freedom and dignity of individuals and DPSPs protect goals and values of the constitution. Both are needed for a balanced democracy.
-: Foundation
of Good Laws
DPSP often acts as a guide for the government to make new laws. These laws help improve the quality of life and sometimes these laws also keep in protection Fundamental Rights.
Example:-
● Rights to Education (Article -21)[3]
● Started as DPSP and later became Fundamental Rights in 2002.
So, DPSP supports and adds strength to Fundamental Rights.
-:Courts
use DPSPs to Interpret Fundamental Rights
Even though DPSPs are not enforceable in court, judges often use them to explain and expand the meaning of Fundamental Rights -
Example:
● The Right to Life (Article-21) has been explained to include the right to health, clean environment and education by using DPSPs as a guide.
This means DPSPs help the court understand what the true meaning of rights should be.
-:Making
Fundamental Rights More Meaningful
Fundamental rights become useful when people have access to education, food, job and good health - which are goals of DPSPs , So without DPSPs Fundamental Rights may exist only on paper.
Example -
The Right to Equality means more when everyone has the same opportunity to learn and work, which DPSPs promote.
-:Long
Term Vision and Immediate Protection
Fundamental Rights gives people protection right now - they can go to court if their rights are taken away and give a long term plan for a better Country - they help the government decide what needs to be done in future.
Both work together - one for today and the other for a better tomorrow.
-: Balance Between Freedom and
Responsibility
Fundamental Rights gives us freedom ,DPSPs remind the government of its responsibility to care for all the citizens.
So they balance each other - making sure people
are free, but also ensuring no one is left behind.
Distinction between fundamental Rights and Directive Principles of State Policy
Fundamental Rights are basic human rights that are ensured to all citizens of India by the Constitution. These rights ensure that individuals can live with dignity, equality and freedom. They protect individuals from the arbitrary action of the state.
Directive Principles of State Policy (DPSPs) are the guidelines or ideals that the government should follow while making laws and policies. They aim to build a welfare state by ensuring social and economic justice for all.
|
Basis of difference |
Fundamental Rights |
Directive Principles of
State Policy |
|
Definition |
Legal rights guaranteed to
every citizen by the Constitution. |
Guidelines written in
constitution that help the government know how to run country is fair and
just way. |
|
Source |
Inspired by the US
constitution. |
Inspired by the Irish
Constitution. |
|
Part of Constitution |
Mentioned in Part lll
(Article 12 to 35) |
Mentioned in Part IV (
Article 36 to 51). |
|
Nature |
Justiciable - Can be
enforced by courts. |
Non - Justiciable - can
not be enforced by courts. |
|
Purpose |
To protect the
individual's right. |
To promote the idea of a
Welfare state is where the government works for well being of all citizen -
especially the poor and weaker sections. |
|
Enforcement |
A person can go to the
Supreme Court and High Court if their rights are violated. |
No legal action can be
taken if these Principles are not followed. |
|
Amendability |
Difficult to Amend. |
Easier to Amend. |
|
Example |
Right to equality, Right
to freedom , Right to Education. |
Equal pay for equal work
,free legal aid , protection of the environment etc. |
|
Applicable to |
Mainly for citizens (Some
apply to all citizens) |
Mainly directed to the
government. |
Fundamental
Rights and Directive Principles of State Policy are not the same but they are
often said to be “two sides of the same
coin” One ensures individual liberty, the other ensures Welfare society. A
true democracy can not be established without either. While fundamental rights
provide the legal means for protecting freedom and the Directive Principles of
State Policy offers a vision for achieving social justice. The Indian Judiciary
has evolved to interpret them in a harmonious and Complementary manner,
ensuring that liberty, equality and fraternity are fully realized.
Conflicts
between fundamental Rights And Directive Principles of State Policy :
Associated Case
In Indian
Constitutional Law, Conflicts arise when a law enacted to implement a Directive
Principles violates a Fundamental Rights
. This has been a matter of Judicial debate since
independence. The Constitution tries
to balance individual liberty (Part III)
with Social welfare ( Part IV) but sometimesa these two clash.
Important
Cases association with this Conflict :-
Champakam Dorairajan vs. State of Madras AIR 1951 SC 226[4]
Issue -: Caste - based reservation in
educational institutions violated Article -14 ( Right to Equality)
Directive
Principles involved : Article 46- Promotion of educational and economic
interests of weaker sections[5].
Judgement
● The Supreme Court held that if there is a conflict, Fundamental Rights will win over DPSPs.
●
Outcome -: Led to the first
Constitutional
Amendments (1951)
Where the government added Article 15 (4) to allow special provision for backward classes.
Golaknath vs. State of Punjab AIR 1967 SC 1643[6])
Issue
-: Whether Parliament can amend Fundamental Rights to
implement DPSPs.
Judgement
● The Supreme Court ruled that Parliament cannot change Fundamental Rights.
●
Fundamental Rights are sacrosanct and cannot
be restricted for implementing DPSPs.
●
This decision created a legal barrier for Socio Economics .
Minreva
Mills Ltd. & Ors. v. Union of
India & Ors , AIR 1980 SC 1789 [7]
Issue
-: Validity of 42nd Amendment which gave primacy to
DPSPs over Fundamental Rights.
Judgement
● The Supreme Court struck down parts of the 42nd Amendment.[8]
● It started that Fundamental Rights and DPSPs are complementary not contradictory.
●
A balance must be maintained - one can not
override the others.
●
DPSPs can not be used to revoke or overrule Fundamental Rights.
State of kerala vs. N.M Thomas AIR 1976 SC 490[9]
Issue
-: Whether reservation for promotion violates Article -16 ( Equality of opportunity in
public employment.)[10]
Judgement
● Held that Equality is not just formal but also substantive.
●
DPSPs can be used to interpret Fundamental Rights in progressive way.
● Helped in harmonizing both part the Constitution.
Criticism
of the Conflict Between Fundamental Rights and Directive Principles of State Policy
Although both Fundamental Rights and DPSPs are essential components of the Indian Constitution , their conflicting nature has invited several criticisms from legal scholars, political thinkers and even the Judiciary.
Lack of
the Clear Priority
● The Constitution does not clearly state which should be given more importance in case of conflict.
● This leads to legal confusion and uncertainty.
Undermines
Social Justice Goals
● When courts prioritize Fundamental Rights over DPSPs , many Pro - Poor and welfare based laws are struck down.
● This creates obstacles in fulfilling the goals of a welfare state.
Judicial
Contradiction
● Differences between judgements ( e.g Champakam Dorairajan , Golaknath , Minerva Mills ) have taken conflicting views.
● This has led to inconsistency in constitutional interpretation.
DPSPs
are Non- Enforceable
● Critics argue that the non- enforceable nature of DPSPs weakens their impact.
● The government may ignore them without facing any legal consequences.
Fundamental
Rights canbe Misused
● Some scholars say Fundamental Rights can be used by the elite class to protect their own interests ( Property Rights) while, DPSPs aim to uplift the weaker sections.
●
Prioritizing Fundamental Rights may allow economic inequality to
persist.
Political
Misuse
● Governments often justify controversial laws by claiming they implement DPSPs , even when they limit Fundamental Rights.
Creates
Policy Dilemma
● Policy makers and courts face a Dilemma : whether to focus on individual liberty ( Fundamental Rights) or Social welfare measures.
Conclusion
The Comparative analysis of Fundamental Rights and Directive Principles of State Policy reveals
that both are essential parts of Indian Constitution , each serving a
different but Complementary Purpose . Fundamental
Rights protect individuals liberty, equality, fraternity and dignity by
providing enforceable legal remedies. On the other hand , DPSPs aim to promote Social and economic justice , guiding the
state in Policy - making to achieve the ideals of a welfare state.
In conclusion , Fundamental Rights and DPSPs are not rivals but partners. A democracy cannot survive by focusing only on rights without ensuring social welfare , nor can it achieve justice without protecting individual freedoms.
A balanced
and integrated approach is necessary to build an inclusive, just and progressive society as
envisioned by the Constitution of India.
BIBLIOGRAPHY
(1)http://lawcorner.in/difference-between-fundamental-rights-and-directive-principles-of-state-policy/.
(2)http://legislative.gov.in/constitution-of-india/
(3)http://www.drishtijudiciary.in/ relationship
between fundamental rights and Directive Principles of State Policy
(4) M.P Jain - Indian Constitutional Law
[1] Constitution of India Part lll ( Article 12
to 35).
[2] Constitution of India Part IV ( Article 36 to
51.)
[3] Indian Constitution, Article 21 right to
education was inserted by the Constituent ( Eighty - six amendment ) Act, 2002
which made education a fundamental rights for children between between 6 to
14 years of age.
[4] Champakam Dorairajan vs State of Madras AIR
1951 SC 226.
[5] Article -46 of the Constitution of India
directs the state to promote educational and economic interests of Scheduled
caste, Scheduled Tribes and other weaker section and to protect them from
social injustice and all forms of exploitation.
[6] Golaknath vs. State of Punjab AIR 1967 SC
1643
[7] Minreva Mills Ltd.& Ors. Vm Union of
India & AIR 1980 SC 1789
[8] The court struck down sections of the 42nd
Constitutional Amendment and reaffirmed
that limited amending power under Article 368 is part of the basic structure of
the constitution.
[9] State of Kerala vs. N.M Thomas AIR 1976 SC
490
[10] Article-16 of the Constitution Of India
guarantees equality of opportunity for all citizens in matter relating to
employment or appointment to any office under the State.
- Indian Constitution Article 12 to 51
- Fundamental Rights and DPSPs
- Directive Principles of State Policy
- Law Student Research India
- BA LLB 1st Year Projects
- CMP Degree College Prayagraj
- Constitutional Law India
- Article 21 Right to Education
- Minerva Mills Case DPSP
- Golaknath vs State of Punjab
- Champakam Dorairajan Case
- DPSP and Fundamental Rights Conflict
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