Constitutional Law I

Relationship between Fundamental Rights

and Directive Principles of State
Policy…………..
Rajasathya.K.R
Assistant Professor
 Introduction
The Constitution of India aims to
establish not only a political democracy
but also seeks to provide socio-economic
justice to the people in order to establish a
welfare state.
This lead to the creation of guidelines
known as ‘Directive Principles of State
Policy’ in Part IV(Articles 36 to 51)
State has to follow these guidelines in
matters of administration and in making
of laws.
Hence, it is the duty of every responsible
government to translate these principles
into action to promote socio-economic
justice among citizens.
 DPSP
Directive Principles of State Policy:
- The idea to have such principles in the
Constitution has been borrowed from the Irish
Constitution.
- They lay down certain social, economic and
political principles, suitable to peculiar conditions
prevailing in India. They embody the aims and
objectives of a welfare State.
- The Directive Principles are the ideals which
the Government must keep in mind while it
formulates policy or pass any law.
 Need for DPSP
we are living in an era of ‘welfare state’ which
seeks to promote the prosperity and well – being
of the people.
The makers of the Constitution had realized that
in a poor country like India, political democracy
would be useless without economic democracy.
Accordingly, they incorporated a few provisions
in the Constitution with view to achieve
amelioration of the socio-economic condition of
the masses.
 Social and
Economic Charter

DPSP

Social Security Community

Charter Welfare Charter
Social and Economic Social Security Charter Community Welfare
Charter Charter

1. Social order based 1. Equal justice and 1. Uniform Civil

on justice: Article free legal aid to Code: Article 44
38 economically 2. Organisation of
2. Principles of policy backward classes: Village
to be followed by Article 39A Panchayats:. Article
the State for 2. Right to work, 40
securing economic education and 3. Organisation of
justice: Article 39 public assistance in agriculture and
certain cases: animal husbandry:
Article 41 Article 48
3. Just and humane 4. Protection and
conditions of work: improvement of
Article 42 forests and wildlife:
4. Living wage for Article 48A
workers: Article 43
Social and Economic Social Security Charter Community Welfare
Charter Charter

5. Participation of 5. Protection of
workers in the monuments and places
management of and objects of national
industries: Article 43A importance: Article 49
6. Provision for early 6. Separation of
childhood care and Judiciary from
education to children Executive: Article 50
below the age of six
years: 7. Promotion of
Article 45 International peace
7. Promotion of and security: Article
educational and 51.
economic interest of
weaker sections: 8. Justiciability of the
Article 46 Directives.
8. Duty to raise the
standard of living and
improvement of health:
Article 47
 Differences
Fundamental Rights Directive Principles of State
Policy
1. Negative 1. Positive

2. Justiciable 2. Non- justiciable

3. Political Democracy 3. Economic and Social

Democracy
4. Legal Sanctions 4. Moral and political
Sanctions
5. Welfare of individual 5. Welfare of community

6. Automatically enforced 6. Non – enforceable

7. Law violative of FR is 7. Courts cannot declare a law

Unconstitutional to be violative.
 Case Laws
State of Madras vs Champakam Dorairajan(1951)
The court declared invalid a government order in
conflict with Art. 29(2), a Fundamental Right,
although the government did argue that it was made
in pursuance of Art 46, a Directive Principle.
The Court ruled that while the Fundamental Rights
were enforceable, the Directive Principles were not,
and so the laws made to implement Directive
Principles could not take away Fundamental Rights.
The Directive Principles should conform, and run as
subsidiary, to the Fundamental Rights.
FR > DPSP
State of Bihar vs Kameshwar
Singh(1952)
Upholding the validity of land reforms Act
– Zamindari Abolition Act was repealed by
44th Amendment to uphold Art 39(b) and (c)
– Article 31 was repealed.
Re Kerala Educational Bill (1957)
FR > DPSP but should have a harmonious
construction between the both.
Mohd Hanif Quarishi vs State of Bihar
(1958)
Article 48 – protects the Slaughter of Cows
Act.
FR>DPSP
A P Krishnaswamy Naidu vs State of Madras
Only after this case, 44 Acts were introduced
in 9th Schedule by 17th Amendment Act.
DPSP > FR
Golaknath vs State of Punjab (1967)
The Supreme Court there emphasized
that the Fundamental Right and Directive
Principles formed an ‘integrated scheme’
which was elastic enough to respond to the
changing needs of the society.
17th Amendment was challenged and
held FR is superior.
Kesavananda Bharati v. State of Kerala,
Hegde and Mukherjea, JJ., observed:
“The Fundamental Right and Directive Principles
constitute the “conscience of the Constitution…..”
Shelat and Grover, JJ….observed in their judgment:
“Both Parts III (Fundamental Right) and IV
(Directive Principles) …… have to be balanced and
harmonized…….then alone the dignity of the
individual can be achieved……they were meant to
supplement each other.”
Minerva Mills Case:
Fundamental Right “are not an end in
themselves but are the means to an end.”
Fundamental Right and the Directive
Principles together “constitute the core of
commitment to social revolution and they,
together, are the conscience of the
Constitution.”
FR= DPSP
 New dimensions
1. Unni Krishnan Case – Art 45
2. Randir Singh vs Union of India – Art
39(d)
3. Grih Kalyan Kendra vs Union of India –
Art 14= Art 39 (d)
4. Hoskot vs State of Maharashtra -
Art 39 A
 Conclusion
‘It is obvious’, the report said, ‘that a policy for
the economic development of India should
confirm to the “objectives” laid down in the
Directive Principles of State Policy’.
While fundamental rights have served in
protecting the rights and liberties of the people
of the nation, directive principles contain certain
fundamental guidelines which it shall be the duty
of the State to follow both in the matter of
administration as well as in the making of laws.
 Short Topics(DPSP)
1. Village Panchayat (Article 40):
 Community Welfare Charter
 Decentralisation
 Gandhiji’s dream
 Three tier system
 Village Panchayat, Village Samiti and
Zilla Parishad
 Gram Sabha
Part IX of Indian Constitution
Article 243- 243 –O
Inserted by 73rd Amendment Act,1992.
Resolutions can be passed based on
Electricity, water, employment etc ------
basic needs.
2. Article 39 – Principles of policy to be
followed by the state
The State shall, in particular, direct its policy
towards securing-
(a) That the citizens, men and women equally,
have the right to an adequate means of
livelihood;
(b) That the ownership and control of the
material resources of the community are so
distributed as best to subserve the common good;
(c) That the operation of the economic
system does not result in the
concentration of wealth and means of
production to the common detriment;
(d) That there is equal pay for equal work
for both men and women;
(e) That the strength and health of
workers, men and women and the tender
age of children are not abused and that
citizens are not forced by economic
necessity to enter avocations unsuited to
their age or strength;
(f) That childhood and youth are
protected against exploitation and against
moral and material abandonment.
 Object is to secure Welfare State
 Five Year Plans
 Niti Aayog
 Introduced labour and industrial laws
 Special laws for women and children
 Equal Remuneration Act, 1976
Article 44:
UCC
Sarla Mudgal vs Union of India
Lily Thomas Case (2000)
Implementation:
 Registration of marriage(Seema vs
Ashwini Kumar)
 Special Marriage Act, 1954
Article 48A –
 42nd Amendment Act, 1976
 Protection and improvement of
environment and safeguarding of forests
and wild life.
Laws:
- Environment (Protection) Act, 1986
- Air(Prevention and Control of
Pollution)Act, 1981
- Water (Prevention and control of
Pollution) Act,1974
 Wild Life Protection Act, 1972
 Forest (Conservation) Act, 1980