What happens in case of any conflict between the Directive Principles and Fundamental Rights?Give Reason for your answer.
Answers
Answered by
41
Hello Friend !
The follwoing points may help you:
a. The relationship between Fundamental righst and directive principles is highly debatable and controversial.
b. The conflict first came into the limelight in the Chamapkam case., in which Supreme Court upheld that fundamental righst are sacrosanct and directive principles are subsidiary to the FR'S.
c. The conflict again came into the picture in the famous Golaknath case, in which supreme court upheld that fundamental righst cannot be abridged to implemnt directive princoiples.
d. 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 righst but cannot amend basic structure of the constitution.
e. If we look into the history of conflict, Supreme court as the guardian of fundamental righst has always upheld them.
f. Infact, in the famous Minerva mill case, Supreme court upheld that both FR's and DP's are compliemnatry to each other.
Hope this helps !!
The follwoing points may help you:
a. The relationship between Fundamental righst and directive principles is highly debatable and controversial.
b. The conflict first came into the limelight in the Chamapkam case., in which Supreme Court upheld that fundamental righst are sacrosanct and directive principles are subsidiary to the FR'S.
c. The conflict again came into the picture in the famous Golaknath case, in which supreme court upheld that fundamental righst cannot be abridged to implemnt directive princoiples.
d. 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 righst but cannot amend basic structure of the constitution.
e. If we look into the history of conflict, Supreme court as the guardian of fundamental righst has always upheld them.
f. Infact, in the famous Minerva mill case, Supreme court upheld that both FR's and DP's are compliemnatry to each other.
Hope this helps !!
Answered by
53
In case of any conflict between the directive principles and fundamental rights,the former shall prevail.This is because the welfare of people as a whole is of paramount importance over that of an individual.
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