what happened in case of any conflict between the directive principles and fundamental rights give reason to support your answer
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WHAT ARE DIRECTIVE PRINCIPLES?
- Principles ensure that the State shall strive to promote the welfare of the people by securing a social order in which social, economic and political justice is animated/informed in all institutions of life.
WHAT ARE FUNDAMENTAL RIGHTS?
- Some universally recognised rights that are seen as fundamental.
- Seven fundamental rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies
WHAT HAPPENS IF THERE IS A CONFLICT?
- The relationship between Fundamental rights and directive principles is highly debatable and controversial.
- The conflict first came into the limelight in the Chamapkam case., in which Supreme Court upheld that fundamental rights are sacrosanct and directive principles are subsidiary to the FR'S.
- The conflict again came into the picture in the famous Golaknath case, in which supreme court upheld that fundamental rights cannot be abridged to implement directive principles.
- The conflict with the judiciary took an ugly turn over the issue of FR’s and DP’s and basic structure of the Constitution, to which the SC passed a controversial verdict in the famous Keshwananda Bharti case that Parliament could amend any part of the constitution including chapter on fundamental rights but cannot amend basic structure of the constitution.
- If we look into the history of conflict, Supreme court as the guardian of fundamental rights has always upheld them.
- Infact, in the famous Minerva mill case, Supreme court upheld that both FR's and DP's are compliemnatry to each other.
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