Question Q.3GS2GS2

Fundamental Rights and Directive Principles of State Policy collectively form the conscience of the Constitution, yet they are outwardly distinguished from each other. Comment.

Introduction

The nature of fundamental rights under Part 3 of the constitution differs from the Directive Principles of State Policy [Part 4] yet they are complementary.

25 words

Main Body

FRs and DPSPs form the conscience of the constitution. 1) Keshavananda Bharati case: DPSPs and FRs ought to supplement each other * DPSPs provide the goals to be achieved by the state while FRs represent the means to achieve them (i.e. through liberty, equality, dignity etc.) 2) Minerva Mills case – The Constitution is found on the bedrock of balance between Parts 3 and 4 3) Unnikrishan v. State of Andhra Pradesh – FRs and DPSPs are supplementary and complementary to each other * FR should always be interpreted having regards to DPSP and Preamble;

4Granville Austin has called FR and DPSP 'conscience of the constitution' because both are on same level; 5) In case of a conflict, it is courts' responsibility to interpret them harmoniously (principle of harmonious construction - Minerva Mills case); 6) Article 21 acts as a bridge between the FR and DPSP, where via creative interpretation judiciary has enforced certain DPSPs. [E.g. Rt. to privacy, clean environment] Despite forming conscience of the Constitution, FR and DPSPs are distinguished: Fundamental Rights | Directive Principles of State Policy 2) one justiciable (art.18 and 12) | are nonjusticiable (art.37) 3) are in force by own | required legislation for their implementation 4) laws will be set aside on the ground of inconsistency with FRs. (Art.13) | cannot declare a law void for the contravention of DPSPs 5) Political rights | socio-economic rights. Based on the creative interpretation and the harmonious construction principle, the courts should try for giving harmonious effect to FR and DPSP.

256 words1 paragraphs

Conclusion

Based on the creative interpretation and the harmonious construction principle, the courts should try for giving harmonious effect to FR and DPSP.

22 words

Open original scan

Page 4

Topper

RISHABH YADAV

AIR 1322025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Directives Principles of State Policy

Relationship between Fundamental Rights and DPSPs

Writing Stats

303

Total words

Paragraphs

analytical with structured comparison

Tone

Linked PYQ

In line with the Directive Principles of State Policy enshrined in the Indian Constitution, the government has a constitutional obligation to ensure basic needs – "Roti, Kapda aur Makan (Food, Clothes and Shelter)" – for the under-privileged. Pursuing this mandate, the district administration proposed clearing a portion of forest land to develop housing for the homeless and economically weaker sections of the society. The proposed land, however, is an ecologically sensitive zone densely populated with age-old trees, medicinal plants and vital biodiversity. Besides, these forests help to regulate micro-climate and rainfalls; provide habitat for wildlife, support soil fertility and prevent land/soil erosion and sustain livelihoods of tribal and nomadic communities. Inspite of the ecological and social costs, the administration argues in favour of the said proposal by highlighting that this very initiative addresses fundamental human rights as a critical welfare priority. Besides, it fulfils the government's duty to uplift and empower the poor through inclusive housing development. Further, these forest areas have become unsafe due to wild-animal threats and recurring human-wild life conflicts. Lastly, clearing forest-zones may help to curb anti-social elements allegedly using these areas as hideouts, thereby enhancing law and order. (a) Can deforestation be ethically justified in the pursuit of social welfare objectives like, housing for the homeless ? (b) What are the socio-economic, administrative and ethical challenges in balancing environmental conservation with human development ? (c) What substantial alternatives or policy interventions can be proposed to ensure that both environmental integrity and human dignity are protected ?

20M2025Discuss