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Power to the People, Vision for the Nation

Jul 18

4 min read

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AUTHOR : AARON SAMUEL


Indian Constitution establishes a framework which promotes justice and equality together with liberty in society. Two essential components which help achieve this goal include Fundamental Rights and Directive Principles of State Policy (DPSPs). The two elements share a fundamental objective to improve Indian citizen welfare but differ in their basic characteristics along with their objectives and implementation methods.

The Constitution sets Part III to Fundamental Rights which consist of Articles 12 through 35 which guarantee basic rights to all citizens.


The legal power to enforce these rights allows individuals to approach courts for judgments through Article 32 or Article 226 when their Fundamental Rights get violated. The rights serve to defend State discrimination against citizens while safeguarding their dignity and equality and personal freedom. Every person has the right to equality through Article 14 which protects them from any discrimination because of religion or race or caste or sex or place of birth. The refusal to hire someone at a government office because of their religion violates this right. Citizens possess right to freedom under Article 19 which include the right to speak freely in addition to their right to move and assemble peacefully. Authorities who stop peaceful protests without proper justification face legal challenges in the courts.


The Directive Principles of State Policy exist within Part IV of the Constitution which spans from Articles 36 to 51. The government uses these principles as ethical and political standards although they lack direct legal force in court proceedings. The Directive Principles serve as a framework for legislators and policy developers to establish social welfare objectives and construct a fair society. Article 39(d) of the Directive Principles requires the State to establish equal pay for equal work between men and women. The government must fulfill its obligation to create legislation and programs that fulfill this objective even though direct legal action is unavailable. Article 48A of the Directive Principles instructs the State to safeguard both the environment and wildlife which has resulted in essential policies for pollution management and forest conservation.


The primary distinction between these two concepts exists in their legal binding nature along with their target areas. The court system allows Fundamental Rights to be enforced as justiciable rights although Directive Principles serve as non-justiciable State objectives. Fundamental Rights provide protection for single persons, yet Directive Principles work to protect complete communities. The violation of Fundamental Rights allows affected individuals to obtain legal remedies through judicial systems. The government does not face an immediate legal consequence when it fails to meet the standards set by Directive Principles.


The fundamental distinction between these two concepts exists in their legal enforceability and their primary areas of emphasis. The Fundamental Rights of the Constitution enable citizens to access judicial enforcement, but the Directive Principles serve as non-binding guidance for State development goals. The Fundamental Rights in our Constitution protect personal rights but the Directive Principles work to protect social interests. A person can obtain court-based remedies when their Fundamental Rights get violated. However, the government lacks any direct legal remedy when it fails to implement Directive Principles.


Occasionally Fundamental Rights stand in opposition to Directive Principles. When government authorities aim to distribute land for equality through Directive Principles this action can conflict with the property rights Fundamental Rights had before they were eliminated in 1978. The judiciary intervenes as an essential factor during these disputes. The Supreme Court in the Kesavananda Bharati Sripadagalvaru vs State of Kerala and Anr case established that Parliament has the authority to create laws for Directive Principles implementation but must avoid actions that would demolish the basic constitutional framework which contains Fundamental Rights.


During the drafting process, the Constitution authors along with Dr. B.R. Ambedkar understood that it was important to maintain a connection between enforceable rights and socio-economic objectives for the future. Fundamental Rights provide citizens with present legal safeguards but Directive Principles function as future-oriented targets which steer India's development. The Constitution achieves both protection and progression through its dual system which creates a legal framework while pushing for ongoing reforms.


Important constitutional amendments transformed the relationship between these two entities into something new. The 42nd Amendment Act of 1976 introduced the term 'Mini Constitution' to signify its elevation of Directive Principles above Fundamental Rights. The courts adjusted this stance through subsequent rulings which confirmed the basic structure doctrine while maintaining equilibrium between the two.


The judiciary has been instrumental in establishing unity between these two constitutional components. The Supreme Court established in Minerva Mills Ltd. & Ors vs Union of India & Ors that Fundamental Rights coexist harmoniously with Directive Principles without any opposition. The court highlighted that establishing complete superiority of one section over the other would break the constitutional equilibrium. Through this interpretation Indian courts have incorporated Directive Principles into Fundamental Rights which includes Article 21 (Right to Life) protections such as Right to Education and Right to a Healthy Environment.


The courts together with lawmakers have progressively worked to reduce the divide between rights and directives by making some Directive Principles enforceable through legislative measures. The Right to Education (Article 21A) and the National Food Security Act show how DPSPs have evolved into legally binding rights. The movement toward rights-based development demonstrates how Directive Principles' social justice objectives now translate into enforceable legal rights that serve every citizen.


In conclusion, the fundamental rights and directive principles function as two integral components of one cohesive system. Fundamental Rights function as defenders of individual freedoms and dignity while Directive Principles establish goals for achieving social equality and fairness. The two elements serve as essential foundations for the progress of democratic welfare-oriented nations such as India. The equilibrium between these elements guarantees the nation supports individual rights together with social obligations which drive national advancement.

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