Are the Fundamental rights superior to the Directive Principles. Give reasons for your answer
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Yes, Fundamental Rights are generally considered superior to Directive Principles of State Policy.
Fundamental Rights are enforceable by courts, ensuring their protection against state infringement. They are enshrined as justiciable, meaning individuals can seek legal redress if these rights are violated. This makes them legally binding on the state.
In contrast, Directive Principles are not-justiciable, meaning they cannot be directly enforced by courts through lawsuits. They serve as guidelines for the state to strive for, guiding its policies towards social and economic welfare. While important, they do not override individual rights.
However, it’s crucial to note that the relationship between these two isn’t always clear-cut. In certain cases, courts have interpreted Directive Principles to inform the meaning and scope of Fundamental Rights, indicating a degree of interdependency.
Ultimately, the supremacy of Fundamental Rights is established through their justiciability and the guarantee of individual liberties.
Yes.Fundamental Rights are superior to directive principles because fundamental rights are justiciable in nature . Fundemental rights are protected by the supreme court and high court as they are guardians of indian constitution.Fundemental rights can be suspended during emergency period expect Article 20 & Article 21 which give importance to the protection of life and personal liberty of an individual and accused person.According to Article 32 indian constitution is offering the Right to Constitutional Remedies.Dr.Amedkhar called Article 32 as ” The fundamental of the Fundamental rights” and ” The heart and soul of the constitution “.