Since the Indian Constitution’s creation, it has been difficult to reconcile Fundamental Rights with the Directive Principles of State Policy (DPSPs). Discuss using the pertinent case law as a guide. (Answer in 150 words)
As we all are aware of the fact that before the making of the Indian Constitution there were a lot of details that was taken care. The makers wanted to get the best constitution for the people as per the country’s standard. So, a bits and pieces were collectively used of various countries for the InRead more
As we all are aware of the fact that before the making of the Indian Constitution there were a lot of details that was taken care. The makers wanted to get the best constitution for the people as per the country’s standard. So, a bits and pieces were collectively used of various countries for the Indian Constitution.
For your reference, under the Government of India Act 1935, the provisions that were borrowed from the countries were the Britain, United States, Canada, Germany, Australia, France, South Africa, the USSR, Japan, and many more.
The making of the Indian Constitution didn’t happen overnight, the Drafting committee where Dr. B.R. Ambedkar the chairman and other took approximately 2 years, 11 months and 18 days to the precise.
Talking about the committee the member not just took the provisions from the other countries but gave keen and precise detailing weather the laws they were going to incorporate will be suitable for the people of India or not.
The alignment for the country was based on the country’s diversity.
The constitutional power relied only upon one supreme law and making sure to be a unified state.
The social and economic goals decides a lot about a country. Therefore, the makers have special added a chapter on it to create a smooth path for the people.
India is a diverse country with various religions and communities. So, to have a liberal mindset among the people, secularism has been implemented where everyone is equal.
Amendments are used to make any change or difference. It allows people to feel secured in their needs.
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Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (whiRead more
Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (which are non-justiciable) act as a guide for law and policy formulation by the government.
The question of reconciling the two arises in the context of several amendments made by the Parliament to override the fundamental rights and the consequent judicial review by the Supreme Court.
Therefore, the present position in law is that both, Fundamental Rights and DPSPs, must be harmoniously construed. No question arises about one prevailing over the other.
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