What is the significance of Article 32 of the Indian Constitution, often referred to as the “heart and soul” of the Indian Constitution, in ensuring the enforcement of fundamental rights and the protection of citizens’ constitutional remedies?
The Doctrine of Harmonious Construction states that the Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) of the Indian Constitution should be interpreted and applied in a way that allows them to work together in harmony and avoid conflict. The doctrine is based on the idea thRead more
The Doctrine of Harmonious Construction states that the Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) of the Indian Constitution should be interpreted and applied in a way that allows them to work together in harmony and avoid conflict. The doctrine is based on the idea that the legislature does not intend to create conflicting provisions in a statute, which would be self-contradictory. The court should try to construe each provision of the Constitution so that they can function together seamlessly.
The FRs and DPSPs are often referred to as two sides of the same coin because they both form the core of the Indian Constitution’s philosophy. The FRs are the moral rights of every individual that they should be entitled to, while the DPSP’s are guidelines that every state must adhere to while framing laws.
Some examples of FRs include the right to equality, freedom, and freedom of religion, while some examples of DPSP’s include the right to work, education, and maternity benefits.
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