Relation Between DPSPs and Fundamental Rights | Important Acts and Laws for Judiciary Exams PDF Download

Fundamental Rights and Directive Principles of State Policy

• The Indian Constitution acts as a comprehensive framework that safeguards the rights, principles, and aspirations of its citizens, ensuring a delicate balance between individual liberties and societal welfare.
• This delicate balance is evident in the interplay between Fundamental Rights and Directive Principles of State Policy (DPSP), which serve as foundational principles guiding the governance and advancement of the nation.

Understanding Fundamental Rights

• Fundamental rights, also known as "basic rights," are vital for individuals to lead dignified lives in a civilized society.
• They are often referred to as negative or individual rights because they restrict the state's power to protect individual liberty, making them justiciable rights that individuals can enforce through legal means in case of violations.
• In the Indian Constitution, fundamental rights are detailed in Part III, specifically from Article 12 to Article 35.
• Originally, there were seven fundamental rights, but the Right to Property was abolished following the zamindari Act. 
  The remaining six fundamental rights are:
  • Right to equality (Article 14-18)
  • Right to freedom (Article 19-22)
  • Right to freedom of religion (Article 23-24)
  • Right against exploitation (Article 25-28)
  • Cultural and educational rights (Article 29-30)
  • Right to constitutional remedies (Article 31-32)

Fundamental rights play a crucial role in ensuring that individuals are able to live with dignity and exercise their freedoms without undue interference from the state. For example, the right to equality ensures that all individuals are treated equally before the law, regardless of their backgrounds or characteristics. Similarly, the right to freedom of religion guarantees individuals the right to practice and propagate their religion of choice without facing discrimination or persecution.

By delineating these fundamental rights, the Indian Constitution establishes a solid foundation for a democratic society where individual freedoms are protected, and the state is held accountable for upholding these rights.

Understanding Directive Principles of State Policy

• Directive Principles of State Policy (DPSP) are outlined in Part IV of the Indian Constitution.
• These principles are considered positive rights, implying that they place certain responsibilities on the state to ensure their implementation.
• While the DPSP are not legally enforceable, they serve as essential guidelines for the government in framing policies that promote social and economic welfare.
• Inspired by the Irish Constitution, specifically Section 45, these principles aim to assist the state in achieving its socio-economic objectives.
• Articles 36 to 51 of the Indian Constitution detail various DPSPs, some of which are currently under discussion in Parliament.

Examples of Directive Principles of State Policy

• Right to Work: Ensuring that every individual has the opportunity to earn a livelihood and contribute to the economy.
• Uniform Civil Code: Proposing a common set of laws that apply to every citizen, irrespective of their religion or personal beliefs.
• Right to Education: Guaranteeing accessible and quality education for all, promoting literacy and knowledge among the population.
• Maternity Benefits: Providing support and benefits to women during pregnancy and after childbirth to ensure their well-being and that of their children.

By incorporating these principles into governance and policy-making, the state aims to create a just and equitable society where the rights and welfare of all citizens are protected and promoted.

Difference between Fundamental Rights and Directive Principles of State Policy

Case Laws on the Relationship between Fundamental Rights and DPSP

• Golak Nath vs State of Punjab (A.I.R. 1976 S.C.R. (2) 762): The Supreme Court affirmed that Fundamental Rights are inviolable and cannot be diminished. Parliament responded with an amendment introducing Article 31(C) to prevent laws aligned with DPSP from being void solely based on violating Fundamental Rights.
• Champak Dorairajan vs State of Madras: The Supreme Court ruled that DPSP must not supersede Fundamental Rights outlined in Part III of the Constitution. DPSP should align with and not contradict Fundamental Rights.
• Kerala Education Bill: The Supreme Court introduced the Doctrine of Harmonious Construction, advocating for the interpretation of Constitutional provisions in a way that allows Fundamental Rights and DPSP to coexist peacefully.
• Kesavananda Bharathi (1973): The Supreme Court established that while Parliament has the authority to amend the Constitution, it must not undermine its fundamental structure. The 42nd Amendment Act expanded the provisions of Article 31(C) following this ruling.
• Pathumma vs State of Kerala (1978): The Supreme Court emphasized that DPSP aims to achieve socio-economic objectives, highlighting the need for a balance between DPSP and Fundamental Rights.
• Minerva Mills Case: The court specified that protection under Article 31(C) applies only to laws implementing directives in Article 39(b) and (c), not all DPSPs. This limitation aimed to prevent rendering all DPSPs void and unconstitutional.
• State of Kerala vs N.M. Thomas (1976): The court stressed the importance of harmoniously interpreting Fundamental Rights and DPSP, advocating for efforts to resolve conflicts between the two.
• Olga Tellis vs Bombay Municipal Corporation (1985): The Supreme Court highlighted the equal significance of Fundamental Rights and DPSP in the governance structure of the country.
• Dalmia Cement vs Union of India: The court emphasized that Fundamental Rights and DPSP are complementary, reflecting the conscience of the Constitution as outlined in the preamble.
• Ashok Kumar Thakur vs Union of India (2008): The Supreme Court clarified that while Fundamental Rights and DPSP address different types of rights, both should be regarded as important and not subordinate to each other.

These cases underscore the interconnection of Fundamental Rights and DPSP, emphasizing the need for a balanced implementation of both.
The government has taken various steps to enforce these principles, including establishing Panchayats through the 73rd Amendment and enacting laws like the Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1951, to safeguard national monuments.

Relationship Between Directive Principles of State Policy and Fundamental Rights

• Complementary Nature:
  • Fundamental Rights and Directive Principles of State Policy (DPSP) complement each other.
  • Fundamental Rights focus on individual rights and liberties, while DPSP emphasize societal goals and principles.
  • Both aim to create a fair and just society.
• Non-Justiciability of DPSP:
  • DPSPs are non-justiciable unlike Fundamental Rights.
  • Individuals cannot directly enforce DPSP in courts.
  • DPSP offer guidance to the state in policy and law-making.
• Harmony and Harmonious Construction:
  • The courts stress the need for harmony between Fundamental Rights and DPSP.
  • The Doctrine of Harmonious Construction guides the interpretation of laws to avoid conflicts.
  • Efforts are made to uphold both sets of rights as much as possible.
• Subordination of DPSP:
  • Fundamental Rights hold higher legal protection than DPSPs.
  • In a conflict, courts typically prioritize Fundamental Rights.
• State Obligation:
  • DPSP place positive responsibilities on the state to ensure social justice and welfare.
  • The state is required to work towards implementing DPSP over time.
  • Actions must be taken within the limits of available resources and other factors.
• Progressive Realisation:
  • DPSP represent evolving principles and goals.
  • The state is expected to make gradual efforts to achieve these objectives.
  • Progress should consider financial constraints and societal conditions.

Conclusion

• Fundamental Rights grant individuals specific freedoms and rights, while Directive Principles of State Policy (DPSP) outline a guide for the state to ensure social and economic justice, enhance the welfare of the people, and establish a fair society.
• The relationship between Fundamental Rights and DPSP involves a delicate balance and coordination of their objectives to establish a well-rounded constitutional framework.