The harmonious coexistence of Fundamental Rights and Directive Principles lays the foundation for a just and equitable society, where individual liberties and collective welfare complement each other. - Dr. B.R. Ambedkar. Discuss the harmonious relationship between Fundamental Rights & Directive Principles in light of Supreme Court judgments.
Main Body
As per Granville Austin, the balance between fundamental rights and Directive Principles of State Policy is one of the most skilfully contrived features of the Indian society. Supreme court judgements: 1) Champaran Duramarani v/s State of Tamil Nadu, 1951 - Court held that fundamental rights cannot be curtailed to implement DRSP's. 2) The Kerala Education Act, 1960 - case read case there is no inherent conflict between PRAND DRSP and states should focus on harmonious construction (Harangthulla Quashi case). But in case of conflict between the two, PR would prevail over DRSP. 3) Through 25th AA, 1971 - Parliament extended that implementation of all DRSP's will be constitutional, even if they violate Article 14, 19, 31b. 4) In Kesavardananda Bharati case, 1973 - the supreme court struck down 25th AA, and preserved the basic structure, held that balance b/w FR and DRSP essential to core of constitution. 4) At present, through various judicial interpretation, it is ensured that implementation of Article 39b and c will be valid even if they bridge articles 14 and 19. Therefore, as Dr Ambedkar opined, great balance b/w FR and DRSP is one of the unique features, creating individual freedom and collective welfare of society.
common interests of the society and 39c - prevention of concentration of wealth, the abrogation of article 14, 19 and 31b was allowed. 4) through 25th AA, 1971 - Parliament extended that implementation of all DRSP's will be constitutional, even if they violate article 14, 19, 31b. 5) In Kesavardananda Bharati case, 1973 - the supreme court struck down 25th AA, and preserved the basic structure, held that balance b/w FR and DRSP essential to core of constitution. 4) At present, through various judicial interpretation, it is ensured that implementation of Article 39b and c will be valid even if they bridge articles 14 and 19. Therefore, as Dr Ambedkar opined, great balance b/w FR and DRSP is one of the unique features, creating individual freedom and collective welfare of society.
ritika
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Directives Principles of State Policy
Directives Principles of State Policy
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