Question Q-8GS2GS2

The harmonious coexistence b/o FRs & DPSPs; discuss harmonious relationship b/o FRs & DPSPs in light of judgements.

Main Body

Justiciability of FR and non-justiciability of DPSPs on one hand and moral obligation of state to implement DPSP create confusion between the two. Supreme Court judgements: (1) Champakam doraiyon case - FR can be amended to implement DPSPs. 2 FRs have supremacy over DPSPs. (2) Golakhnath case (1967) - FRs can't be amended to implement DPSPs. (3) Parliament reached by 25th amendment 42nd CAA amended Article 31C which provided protection to laws created to implement Article 39b & 39c as ground of challenging as constitutional. (4) Kesavananda Bharati case: SC upheld 42nd CAA and it was accepted that 2g Article 39b & 39c have primacy over Article 19 & 19. But overall FRs have 4g supremacy over DPSPs.

5Minerva mills case: SC invalidated part of provision. It said that Constitution of India is based on the bedrock of harmonies balanced between FRs & DPSTs. Both of them are whole of a charter & important. Present position is of harmonious coexistent & FRs can be amended to implement DPSPs as long as it does not violate basic structure doctrine CBE.

180 words1 paragraphs

Conclusion

Present position is of harmonious coexistence & FRs can be amended to implement DPSPs as long as it does not violate basic structure doctrine CBE.

25 words

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Page 20

Topper

Abhishek Singh

2023Polity

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

205

Total words

Paragraphs