Authored by Komal Chhetri, Research Scholar, NBU
Abstract
The Indian Constitution is a living document in a rapidly changing and almost frenetically political society. The Constitution, the touchstone for public and many private affairs is employed daily, if not hourly, by citizens in pursuit of their personal interests or desire to serve the public good. The essence of democracy and social strands is to be found throughout the Constitution. Fundamental Rights (FR) provided in Part III and the Directive Principle of State Policy (DPSP) in Part IV of the Indian Constitution are very important to implement the ideals, achieve the goals enshrined in the preamble, and establish a welfare state. The framers of the Indian Constitution gave primacy to Fundamental Rights by placing them ahead of Directive Principles. The paper argues that Fundamental Rights and Directive Principles are not contrary but complementary. Both ultimately aim at the welfare and well-being of the citizens. Although Directive Principles are non-justiciable, meaning they cannot be enforced by the courts, this does not imply that their implementation has been left at the will and mercy of the state. In addition to this, the paper explains the relation between Fundamental Rights and Directive Principles of State Policy cases under the Constitution of India.