Question

Discuss the relationship between fundamental rights and directive principle of State

Policy enshrined in the Indian Constitution?भारतीय राÏ य å यवè था मɅ जाǓत åयवèथा के Ĥभाव पर चचा[ करɅ।​

Answer 1

The Constitution provides for fundamental rights and the principles of state policy for the implementation of the ideals, the achievement of the goals enshrined in the preamble and the establishment of the welfare state.

Explanation:

Fundamental rights"" are rights without which an individual in a democratic society will not live with dignity. Human rights are referred to as "fundamental rights or access to justice." These are sometimes called human rights or negative rights, "which demand that the state not interfere with the independence of the citizen. In the nature of the "Directive Principles of State Policy" they are instructions for govt of the day to do something positive.  Through courts they are neither "justiciable nor enforceable".

Inter relationship between Fundamental Rights & Directive Principles of State Policy

• Whereas the "fundamental  rights" are enforceable, the Directive Principles are not enforceable & that the ""Directive Principles implementation laws do not erase fundamental rights. The Directive Principles  must be  in accordance with and in compliance with human rights &  not run as a subsidiary. The fundamental rights will be limited to a ""mere rope of sand""" if overridden by the rules of the Directive Principles.
• The "Directive Principles of State policy" instructions specifically rendered inoperative by Art. 37 by a court can not circumvent provisions contained in Section III (Fundamental Rights), which are explicitly enforceable by relevant directions, orders, & writs  in compliance with Article 32, "notwithstanding other provisions". The basic rights chapter is sacrosanct and cannot be cut short by any statute or executive order, except as provided for in Section III of the Article concerned. The "Directive Principles of State Policy" shall adhere to the fundamental human rights chapter.”
• While Directive Principles are not technically binding as such, the courts could seek guidance in the 'lode star' of the Directive Principles when reading a Statute. "Where there are 2 judicial decisions available, with keeping up or in compliance with the "social philosophy", the "Directive Principles of State Policy" will have preference.
• The meaning and scope of fundamental rights need not be completely overlooked by the "Directive Principles of State Policy"  & the courts need follow harmonious development standards to the greatest degree possible. The courts should implement,  the values underlying these principles without making the "Directive principles of State Policy" justiciable as such. As such both the "fundamental rights & Directive Principles of State Policy have become co-equal.
• The "Directive Principles of State Policy & Fundamental rights"are not considered to be mutually exclusive. They are known to be supplementary and complimentary. Through time, fairness has moved from irreconcilability to incorporation of fundamental rights and of "Directive Principles of State Policy". It cannot be separated from fundamental rights, and "Directive Principles of State Policy" have been considered "fundamental" in the administration of the govt. Fundamental freedoms must be read along with the "Directive Principles of State Policy". The "right to education" is an example of this relationship.”.
• The constituent assembly took on the duty of the government to take an intermediate course between "liberty & public good" by  supporting that fundamental rights and "Directive Principles of State Policy"  are both negative and constructive responsibilities of States of the time, as such "Fundamental Rights &  Directives Principles of State Policy" must be maintained. In the public good, the balanced can be tilted. Nevertheless, the balance cannot be completely resolved by the overarching right of the person. The balance in the Constitution is an essential feature.”

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Why is it said that the Directive Principles and Fundamental Rights ...

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Answer 2

Answer:

Relationship between Fundamental Rights and Directive Principle of State

Explanation:

Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. The Fundamental rights are given in Part III of the Constitution and Directive Principles are provided in Part IV of the Constitution.

On the other hand Directive Principles of State Policy aim to create social and economic conditions under which the citizens can lead a good life. As Per the Article 37, state and union governments, as duty, shall make further detailed policies and laws for implementation considering DPSPs as fundamental policy.

Despite being quite different from each other both Fundamental rights and Directive Principles of State are meant to help citizens of a country and nation.

Both fundamental rights and Directive Principle are fundamental in the governance of the nation. They provide for state duty and action while the Directive Principle directs the state to take action positively the Fundamental Rights remind not to interfere arbitrarily in individual's right and liberty.

This way fundamental rights talks about individual welfare while the Directive Principles talks about the welfare of the nation as a whole.

Though the Fundamental Rights are enforceable in the court of law and Directive Principles are not, the objective of both the Part is to establish egalitarian welfare State.

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