Question

By which amendment the dpsp given precedence over the fundamental rights

Answer 1

DPSPs are not enforceable by law, but just directives to the state. But when the state tries to implement a DPSP, there can be a conflict between Fundamental Rights of citizens and DPSP. In that sense the conflict between the Fundamental Rights and Directive Principles of State Policy (DPSP) can also be seen as the conflict between the individual and the state. While Parliament often tried to assert the supremacy of the state and DPSPs over Fundamental Rights, Supreme Court upheld the rights of the individual as enshrined in the Constitution, by giving appropriate judgments.

Let us study the highlights of a series of court judgments like Champakam Dorairajan Case (1952), Golak Nath Case (1967), Kesavanath Bharathi Case (1973), Minerva Mill Case (1980) etc and see the present status.