State the relationship between the Fundamental Rights and Directive Principles of State Policy .
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The two—the Fundamental Rights and Directive Principles of State Policy—under the Indian Constitution, are related to each other inseparably to fulfill the broader goals of justice, liberty, equality, and fraternity.
Fundamental Rights
Nature: Justiciable, that is, legally enforceable in courts.
Purpose: Protect individual freedoms and rights against state actions, ensuring personal liberties and equality.
Examples: Right to equality, right to freedom of speech and expression, right to life and personal liberty, right against exploitation, right to freedom of religion.
Directive Principles of State Policy
These are non-justiciable in nature. That is to say, these cannot be legally implemented or challenged in a court of law.
These guidelines provide directions to the state for formulating and implementing policies toward establishing social and economic democracy.
Examples: Adequate means of livelihood, equal distribution of wealth, right to work, education and public assistance, promotion of the health and welfare of people.
Relationship
1.Complementarity: Fundamental Rights ensure political democracy by protecting individual rights, and DPSPs aim at establishing social and economic democracy by guiding state policies.
2. Integration: Both are essential for realizing the constitutional vision. Fundamental Rights present the framework within which the state has to operate, while DPSPs give a roadmap for the state to create conditions where Fundamental Rights can be meaningfully exercised.
3. Judicial Interpretation : Courts interpret FRs, more often than not, by reflecting on DPSPs so that, in effect, individual freedom and social justice meet at an appropriate juncture. For instance, the right to education was interpreted by borrowing from the DPSP relating to free and compulsory education for children.
4. Policy Making: DPSPs have an impact on laws and policies. They cannot take precedence over Fundamental Rights, but they do act as an inspiration to legislation and administrative actions in executing social and economic objectives.
In effect, the fundamental rights and the DPSPs form the very bedrock of a democratic society that strives to strike a balance between individual liberties and collective well-being.
The Constitution, India’s Supreme Law, establishes the fundamental framework of the nation’s polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers’ vision and objectives. The constitution attempts to protect human rights and provide state welfare through Fundamental Rights and DPSP.
Fundamental rights are basic human rights guaranteed to all citizens under Part III of the Indian Constitution. These are justiciable in nature. DPSP are a collection of guidelines and principles that are described in Part IV with the goal to establish favorable social and economic circumstances so that people can have fulfilling lives. The link between Fundamental Rights and the DPSPS has been the subject of much discussion, followed by several landmark judgements like the Kesavananda Bharati case (1973) and the Minerva Mills case (1980). It can be summarised as:
FR and DPSP are intended to work together to achieve the constitutional ideal of a just, fair, and equitable society.