This article has been written by Mr Vedant Singh Pal, a student studying BBA LL.B.(Hons.) From ICFAI Law School, The ICFAI University, Dehradun. The author is a 2nd-year law student.

INTRODUCTION

For an individual to lead a life requires some rights. Rights have been described as those claims of existence that are necessary for the development of oneself and honoured by society or the state. Some of the rights that are honoured by the state and elevated in the constitution are called abecedarian rights. Abecedarian rights are those rights of an existent that are enforceable through courts of law.

During the public struggle, our leaders indicated that in the indigenous set up in free India people would be granted certain rights. In fact, in the colourful schemes relation to the unborn indigenous set-up, there were references to particular rights that the people of India should be granted. The commonwealth of India bill( 1925), the Nehru commission report, the memorandum of the public trade Union Federation submitted to the common commission on Indian constitution reforms( 1932 – 33), the memorandum submitted by. Venkatarangaiah to the Sapru commission and the Sapru commission proffers handed for colourful abecedarian rights that the people of free India should get. The abecedarian rights that are handed in the constitution can be divided into six orders as follows;

1. Right to Equality( Articles 14 to)

2. Right to Freedom( Articles 19- 22)

3. Right against Exploitation( Articles 23- 24)

4. Right to Freedom of Religion( Articles 25- 28)

5. Cultural and Educational Rights( Articles 29- 30)

6. Rights to indigenous remedies.

Purposes for insertion of Part III and IV in the constitution of India

The framers of the Indian constitution were apprehensive that there were other constitutions which had given expression to certain ideals as the thing towards which the country should strive and which had defined the principles considered abecedarian to the governance of the country. They were apprehensive of the event that had crowned the duty of the United Nations.

Universal protestation of mortal rights had been espoused by the General Assembly of the United Nations, for India was a signatory to it. It contained an introductory and abecedarian right appertaining to all men. These rights were born of the philosophical enterprise of the Greek and Roman stoics and nurtured by the justices of ancient Rome. These rights had set up the expression in a limited form in the accords of 1188 entered into between King Alfonso IX and the Cortes of Leon, the Magna Carta of 1215 and the guarantees which King Andrew II of Hungary was forced to give by his Golden bull of 1822. The French National Assembly also included the “ protestation of the Rights of Man and the Citizen ”. The first ten emendations to the constitution of the United States of America contained certain rights akin to mortal rights. The Constitution of Eire, Japan also contained analogous rights and Directive principles. Section 8 of composition 1 of the theU.S constitution contained a Welfare clause empowering the civil Government to legislate laws for the overall general weal of the people. U.S.A, theU.K and Germany had passed social weal legislation. The framers of the Indian constitution, thus, headed the constitution of India with a preamble which declared India’s things and fitted corridors III and IV in the constitution.

Concept of Fundamental Rights- Their Origin & Development

Part III of the constitution of India, named “ abecedarian right ” secures to the people of India, certain introductory, natural and inalienable rights. These rights have been declared essential rights so that “ mortal liberty may be saved, mortal personality developed and an effective social and popular life promoted ”.

Bhagwati. J in the case of Menaka Gandhi v/ s Union of India held that these abecedarian rights represent an introductory value cherished by the people of this country since the Vedic times and they’re calculated to cover the quality of the individual and produce conditions in which every human being can develop his personality to the fullest extent. They weave a “ pattern of guarantees on the introductory structure of mortal rights ”, and put negative scores on the state not to worm on individual liberty in its colourful confines.

The end behind having a protestation of abecedarian rights is to make unassailable certain abecedarian rights appertaining to the individual and to keep them innocent by the shifting majorities in the houses. It’s to save certain introductory mortal rights against hindrance to the state.

Directive principles of state policy

Part IV composition 36- 51 of the Indian constitution says about directive principles of state policy. It sets forth the ideals and objects to be achieved by the state for setting up in India a social weal state, as distinguished from a bare police state, which aims at social weal state, as distinguished from the common good and the security to all its citizens, justice socio and profitable. The alleviation to include directive principles of state policy is drawn from the constitution of Ireland. The introductory end of the weal state is the attainment of the substantial degree of social, profitable and political equivalence of the supposition by the community acting through the state, as its responsibility to give the means, whereby all members can reach the minimal standard of profitable security, cultivated living capacity to secure social status and culture to keep good health.

CONCLUSION

The inter-relationship doctrine between abecedarian rights and directive principles of state policy isn’t only theoretical but also practical and satisfying. Abecedarian rights give political freedoms to the citizens by guarding them against inordinate state action while directive principles are to secure social and profitable freedom by appropriate action both are alleviation of reform legislation. The abecedarian rights should be interpreted in the light of directive principles to observe the limits set by directive principles in the compass of the abecedarian rights. For illustration compositions 39, 39- A can be interpreted with composition 21 of the constitution and composition 46 can be interpreted with compositions 29 and 30 of the constitution.

The judicial station has experienced a metamorphosis where courts are veritably active to uphold the abecedarian rights elevated in the constitution thereby interpreting the vittles of part- IV i.e. Directive Principles of State Policy. originally, the courts espoused a strict and nonfictional legal position in interpreting part- III with part- IV of the constitution which is reflected in the n State of Madras V/ S Champakam Dorairajan. It was held in case of conflict between part- III and part – IV the abecedarian rights will prevail. Over time, change came over the judicial station as the apex court views the interplay between part- III and part- IV in a different manner from that of Champakam Dorairajan’s case and held that there’s a good deal of value for directive principles of state policy from a legal point of view and started to have harmonized between the two corridors of the constitution. The author has attempted to show core the rea of commerce in parts III and Part- IV in the below paragraphs this articles. In the recent opinions of the apex and high courts, there has been a changing trend by making a harmonious construction between part- III and part- IV of the constitution making directive principles of state policy maintainable and enforceable on par with the abecedarian rights of the constitution.

Reference:

• http://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_Principles_and_Fundamental_Duties_of_India.
• P.D.K.M Samithy V/S State of West Bengal AIR 1996 SC2426
• AIR 1951 SC 226; 1951 SCR 525
• Granville Austin Indian constitution Cornerstone of Nation
• AIR 1958 SC 956
• Chandrabhuvan boarding and lodging v/s State of Mysore AIR 1970 SC 2042
• AIR 1973 SC
• AIR 1980 SC 1789.
• AIR 1984 SC 802, (1984) 2 SCC 161.
• M.P Jain, Indian Constitutional Law, Lexis Nexus Butterworths, Wadhwa Nagpur, 6h edition P1370
• AIR 1978 SC597
• Kameshwar Singh V/S State of Bihar AIR 1950 Pat 329.

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