Decoding Antithetical Relations Between Fundamental Rights And The Directive Principles Of State Policy
- Editorial Team (JCS)
- Dec 28, 2024
- 1 min read
Updated: Apr 9
Authored by Komal Chhetri, Research Scholar, NBU
Abstract
In a politically charged and ever-changing society, the Indian Constitution is a dynamic and changing framework. To defend their individual rights or advance the common good, citizens frequently—sometimes even hourly—rely on it as the primary point of reference for both public and private issues. The Constitution contains social strands and the essence of democracy. The Directive Principle of State Policy (DPSP) in Part IV and the Fundamental Rights (FR) in Part III of the Indian Constitution are crucial for putting the preamble's principles into practice, achieving its objectives, and creating a welfare state (Vicky, 2024). The Indian Constitution's framers prioritized fundamental rights over directive principles. The paper makes the case that Directive Principles and Fundamental Rights are complementary rather than antagonistic. The welfare and well-being of the populace are the ultimate goals of both. Although Directive Principles are non-justiciable, meaning the courts cannot enforce them, this does not imply that their implementation has been left at the will and mercy of the state. In addition, the paper explains the relationship between Fundamental Rights and Directive Principles of State Policy cases under the Constitution of India.