This article has been written by Mohd Azam Siddiqui, LLB hons. 3rd year, University of Allahabad
Introduction-
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are three different sections of the Constitution of India.
These three sections are considered as the vital elements of the Constitution of India which came into effect after 26 January 1950.
Fundamental Rights are those rights which are granted to the citizens of India for their protection and welfare etc.
The provisions of Fundamental Rights apply to every citizen of a country irrespective of their caste, sex, religion, place of birth etc.
And for the protection of their Fundamental Rights citizens can directly approach the High Court under Article 226 and Supreme Court under Article 32 respectively.
Directive Principles of State Policy– While any state government or Central government making any law these state policies are the fundamental guidelines for the governance of the state.
DPSP are the directions for the state for the establishment of economic and social democracy.
Fundamental Duties– The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976,upon recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. The Fundamental Duties help to regulate the behaviour of the citizens and to bring about excellence in all the spheres of the citizens.
Mahatma Gandhi quote- if we all discharge our duties, rights will not be far to seek.
Relationship–
The Directive Principles have been used to uphold the Constitutional validity of Legislation when the conflict arises with the Fundamental Rights.
Article 31-C was added by the 25th Amendment in 1971 to provide the supremacy to the Directive Principles in the form of Article 31-C. The insertion of this article was to give effect to the Directive Principles in Article 39-B and Article 39-C over Fundamental Rights conferred by Articles 14, 19 and 31.
In the case of Golak Nath v. State of Punjab
The Hon.Supreme Court said that any directive principle violates the Article 14,19,21 of Fundamental Rights then the law will be treated as null and void because many of the Fundamental rights are the part of basic structure of the Constitution.
The application of this article was to be extended to all the DPSP by the 42nd Amendment, 1970, but the Supreme Court struck down the extension as void on the ground that it violated the basic structure of the Constitution in Minerva Mill case
2. The Fundamental Rights and Directive Principles have also been used together in forming the basis of Legislation for the welfare of the citizens.
In the Kesavananda Bharati case,
The Supreme Court has held that Parliament can amend any part but without basic structure. The clause 2 of Article 31-C has been declared unconstitutional and void as it was against the basic structure. But clause 1 has been declared valid.
The Parliament has brought the 42nd Amendment Act and extends the scope of provisions of Article 31-C. After the Judgement, the Supreme Court has adopted the view that the Fundamental Rights and Directive Principles are complementary to each other and they are supplementing the other’s role with the aim of establishing the welfare state by social means.
In Dalmia Cement v. Union of India,
The SC said that Fundamental Rights and DPSP are supplementary and complementary to each other and the Preamble of the Constitution which provides an introduction, Fundamental Rights and DPSP are conscience of the Constitution.
Conclusion-
The Fundamental Rights, Fundamental Duties and Directive Principles are running on the same principle to serve the citizen.
The judiciary has given many judgements which maintain balance between Fundamental Rights,Directive Principles of State Policy and Fundamental duties.
In the recent decision of the Apex and the High Courts, there has been a changing trend by making a harmonious construction between the Part III and Part IV of the Constitution making the Directive Principles justifiable and enforceable on par with the Part III i.e. the Fundamental Rights of the Constitution. They both are supplementary and complementary to each other.
References # CLA
Wikipedia
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