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    DAMODARAM SANJIVAYYA NATIONAL LAW

    UNIVERSITY

     VISAKHAPATNAM, A.P., INDIA

    RELATION BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE

    PRINCIPLES OF STATE POLICY

    CONSTITUTIONAL LAW-I

    (Mr. A. NAGESWARA RAO)

    SUBMITTED BY:

    SHUBHAM RAJ

    ROLL !"#$##"

    SEMESTER- V

    1

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    ACKNOWLEDGEMENT

    I feel highly elated to work on the “R%&'*+ %%%+ F+/'0%+'& R123 '+/ Dr%45%

    Pr+46&%3 *7 S'% P*&489 under the guidance of the faculty of C*+3*+'& L', Mr. A.

    N'1%3'r' R'*. I am very grateful to him for his exemplary guidance.

    I have tried my best to pave the way for bringing more luminosity to this topic. Doing

    the project was an experience where the knowledge was my best takeaway.

    I would also like to thank my parents and friends who helped me a lot in finishing this project

    within the limited time.

    Once again, thanks to all who helped me in completing this project work.

    hanking you

    S22'0 R'.

    2

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    TABLE OF CONTENTS

    TITLE P'1% +0%r

    ACKNOWLEDGEMENT "!

     LIST OF ABBREVIATIONS 

     LIST OF CASES 

     ABSTRACT 

    ";

    "<

    "=

    #. AIMS OF THE STUDY ">

    !. SIGNIFICANCE ? BENEFITS ">

    $. SCOPE OF THE STUDY ">

    ;. RESEARCH METHODOLOGY ">

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    !I" !ll India "eporter  

    !rt. !rticle

    !rts. !rticles

    #tc. #tcetra

     Id. Ibid

    $% $upreme %ourt

    $%% $upreme %ourt %ases

    v. &ersus

    &ol. &olume

    www 'orld 'ide 'eb

    4

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     LIST OF CASES 

    $tate of (adras v. %hampakam Dorairajan, !I" )*+) $% -

    anif /ureshi v. $tate of 0ihar !I" )*+1 $% 23)

    (umbai 4angar $abha v. !bdulbhai, !I" )*2- $% )5++

    In re 4erala #ducation 0ill, !I" )*+1 $% *+-6 )*+* $%" **+.

    Orient weaving mills v 7.O.I., !I" )*13 $% *1

    $tate of 0ombay v. 8. 9. 0alsara !I" )*+) $% 3:

    0ijoy cotton (ills v. $tate of !jmer, !I" )*++ $% 33

    %handra 0havan 0oarding and ;odging, 0angalore v. $tate of (ysore, !I" )*2: $% :5 at

    :+:6 olak 9ath v. $tate of ?unjab, !I" )*-2 $% )-53

    4esavananda 0harti v. $tate of 4erala, !I" )*23 $% )5-) at )-5)6

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    %hameli $ingh v. state of 7ttar ?radesh, !I" )**- $% ):+)6

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     ABSTRACT 

     Both the Fundamental Rights and the Directive Principles were of common origin and both

    of these had common objective. These have been enshrined in our Constitution to implement 

    the ideals achieve the goals enshrined in the preamble and to establish the welfare state. The

     Fundamental Rights have been enshrined in part III from !rticles "# to $% and Directive

     Principles of state polic& in part I' from !rticle $( to %".

     !lthough these two appear in the Constitution as distinct entities it was the !ssembl& that 

     separated these) the leaders of the freedom struggle had drawn no distinction between the

     positive and negative obligations of the state. Both t&pes of rights had developed as a

    common demand products of national and social revolutions of their almost inseparable

    intertwining and of the character of Indian polit& itself.

    7

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    #. AIMS OF THE STUDY

    Over the course of this project, the researcher aims to find out the actual relationship between

    8undamental "ights and Directive ?rinciples of $tate ?olicy. he researcher endeavors to

    find out why are the 8undamental "ights given more preference whereas, the Directive

    ?rinciples are not even enforceable at law, with the help of pre decided case laws.

    !. SIGNIFICANCE ? BENEFITS

    !fter going through this research work, one will be able to understand the relation between

    the 8undamental "ights and Directive ?rinciples of $tate ?olicy, why 8undamental "ights are

     preferred over Directive ?rinciples and why are the Directive ?rinciples not enforceable at

    law. !lso, the readers will get through the landmark judgments related to the topic.

    $. SCOPE OF THE STUDY

    he research work is limited only to the provisions of 8undamental "ights and the Directive

    ?rinciples of $tate ?olicy.

    ;. RESEARCH METHODOLOGY

    he methodology that will be used by the researcher is nonAempirical. he researcher would

    rely primarily on secondary sources of data in the form of books, articles, journals, reports

    and Internet resources. he researcher would follow a descriptive style throughout the project

    while the analytical style would also be used wherever reBuired. he arvard 0luebook 

    %itation >uide will be followed.

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    CONSTITUTIONAL LAW OF INDIA 8 J. N. PANDEY: In the Indian %onstitution a

    successful attempt has been made to bring about a synthesis between the concepts of 

    individual freedom and social justice. It is for the reason that the attainment of social

    economic and political along with the liberty and eBuality of the citiens is enshrined in the

     preamble as the objective of the constitution.

    INDIAN CONSTITUTIONAL LAW BY M. P. JAIN: It is an authoritative and

    comprehensive study on the constitution of India. he book critically examines the salient

    features of this most uniBue of constitutions. he book provides the relevant facts of 

    important cases and a summary of the law laid down in them, have been given in the body of 

    the text so as to enable the readers to better understand the subject. he book provides the

    complete text of crucial documents on the historical development of the Indian %onstitution.

    CONSTITUTION OF INDIA BY V N SHUKLA: he book includes the %onstitutional

    !mendments and $upreme %ourt decisions on issues as eBuality and affirmative action

    education womenEs right and principles of constitutionalism and judicial review.

    "=. INTRODUCTION

    “$ince the seventeenth century, if not earlier, human thinking has been veering round

    to the theory that man has certain essential, basic, natural and inalienable rights or freedoms and it is the function of the state, in order that human liberty may be

     preserved, human personality developed. !nd an effective social and democratic life

     prompted, to recognie these rights and freedoms and allow them a free playF)

    0oth, the 8undamental "ights and the Directive ?rinciples of $tate ?olicy, have a common

    grounding. In fact both these set of rights owe their origin to the freedom struggle waged by

    the Indians against the 0ritish "egime to protect Indian culture, ?hilosophy and system. he

    0ritish system caused disintegration of all kinds of Indian system, society and economy. his

    state of affairs led to the thinking in the minds of the Indians that the socio ‐economic

    conditions of the people cannot be improved unless there is change in >overnment and its

    !dministrative set up. It led the public to realie that the solution lies in ?olitical freedom and

    Indianisation of 9ational set up. ence, to fulfill the pledges and commitments, hopes and

    aspirations of pre‐independence era, and “to implement the ideals and achieve the goals

    enshrined in the preamble to our constitution and to establish a welfare state, 8undamental

    1( ? @!I9, I 9DI!9 %O9$I7IO9!; ;!', p. 1*2

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    "ights and the Directive ?rinciples of state policy have been provided for in the constitution

    he 8undamental "ights have been enshrined in part III from !rticles ) to 3+ and Directive

    ?rinciples of state policy in part I&, from !rticle 3- to +).F3

    0efore going to the relationship between the 8undamental "ights and the Directive ?rinciples

    let us discuss about the two in briefG5

    FUNDAMENTAL RIGHTS: 8undamental "ights have been incorporated in the ?artA III of 

    the %onstitution. hese are the necessary conseBuences of the declaration in the preamble to

    the constitution that the people of India have solemnly resolved to constitute India into a

    sovereign democratic republic and to secure to all its citiens justice, social and economic,

    and political6 liberty of thought, expression, belief, faith and worship6 eBuality of status and

    opportunity.+ ! person can claim 8undamental "ights against the state subject to the state

    imposing some permissible restrictions in the interest of social control. he ground for 

    imposing these restrictions on 8undamental "ights is expressly mentioned in the %onstitution

    itself and, therefore, these rights can be abridged only to the extent laid down. -

    he 8undamental "ights in Indian %onstitution have been grouped under seven heads as

    followsG

    i. "ight to *+ualit& comprising !rticles )5A)1.

    ii. "ight to Freedom comprising !rticles )*A which guarantee several freedoms.

    iii. "ight against *,ploitation consists of !rticles 3 and 5.

    iv. "ight to Freedom of Religion is guaranteed under !rticles +A1.

    v. %ultural and #ducational rights are guaranteed by !rticles * and 3:.

    vi. "ight to Propert& which was guaranteed under !rticle 3) is now very much diluted.

    2Dr. >okulesh $harma, !n #valuation of "elationship between 8undamental "ights and Directive

    ?rinciples 7nder %onstitution, available at httpGHHdrgokuleshsharma.comHpdfH!9

    :#&!;7!IO9O8:"#;!IO9A$I?:0#'##9:879D!(#9!;$

    :"I>$.pdf last visited $eptember , :)+.

    3/7##9%J ?#"#I"!, InterArelation 0etween 8undamental "ights and Directive ?rinciples of $tate

    ?olicy, p. 3 available at  httpGHHwww.grkarelawlibrary.yolasite.comHresourcesH;;(A%onstA)A

    /ueency.pdf last visited $eptember , :)+

    4-upra note

    5-upra note ) at *:)

    6-upra note ) at )2

    10

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    vii. "ight to Constitutional Remedies is secured by !rticles 3A3+.2

    DIRECTIVE PRINCIPLES:  hese have been incorporated in the ?art I& of the

    %onstitution6 the idea of incorporating the Directive ?rinciples into our %onstitution has been

     borrowed for the Irish %onstitution. hese are of the positive aspect against the state and have

     been held to supplement the 8undamental "ights in achieving welfare state.1 he Directive

    ?rinciples are the ideals which the 7nion and the $tate governments must keep in mind while

    they formulate policy or pass a law. hey lay down certain social and economic programme

    for modern democratic state.* he Directive ?rinciples are categorised into three following

    groupsG

    !llahabad, :)+=

    10 %entral Inland 'ater ransport %orporation v. 0rojo 9ath >anguli,

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    endeavour to promote voluntary formation, autonomous functioning, democratic control and

     professional management of %oAoperative $ocieties. )3 !nd, !rticle 51A! reBuires the state to

     protect and improve the forest and wildlife.)5

    >. COMMON ROOTS BUT DIFFERENT BRANCHES

    !lthough 8undamental "ights and Directive ?rinciples appear in the %onstitution as distinct

    entities, it was the !ssembly that separate them6 the leaders of the freedom struggle had

    drawn no distinction between the positive and negative obligations of the states. 0oth typesof rights had developed as a common demand, products of national and social revolutions, of 

    their almost inseparable intertwining and of the character of Indian polity itself. he Directive

    ?rinciples, though fundamental in the governance of the country, are not enforceable by any

    court in terms of the express provisions of !rticle 32 of the %onstitution, while 8undamental

    "ights are enforceable by the $upreme %ourt and the igh %ourt in terms of the express

     provisions of !rticle 3 and - of the %onstitution. his does not, however, mean or imply

    any dichotomy between the two. Its social aspect can, however, be amended only by

    legislation to carry out the objectives of the Directive ?rinciples of state policy.)+

    Directive ?rinciples are in the nature of instruments of instructions to the government of the

    day to do something positive. hey are not justiciable or enforceable in courts. On the other 

    hand, the 8undamental "ights are enforceable in the courts under !rts 3 and - of the

    constitution and hence are justiciable.)-

    13  Id  at 5++

    14  Id 

    15 8undamental "ights and Directive ?rinciples, lawteacher.net, available at

    httpGHHwww.lawteacher.netHfreeAlawAessaysHadministrativeAlawHfundamentalArightsAandAdirectiveA

     principlesAadministrativeAlawAessay.php last visitedA $ept. +, :)+.

    16 " !90I"  $I9>, %O9$I7IO9!; ;!', p. 33

    12

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    During the proclamation of emergency the operation of the 8undamental "ights

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    8undamental rights are enforceable by the courts as per the !rticle 3 and the court are bound

    to declare void any law that is inconsistent with the fundamental rights whereas, the directive

     principles are not so enforceable by the courts nor can the courts declare as void any law

    which otherwise is valid on the grounds that it violates the Directive ?rinciples. !ccording to

    !rticle 32 the Directive ?rinciples, though they are fundamental in the governance of country

    and it shall be the duty of the state to apply these principles in making law, but they are

    expressly made nonAjusticiable.

    he Buestion of relationship between the Directive ?rinciples and the 8undamental "ights has

    caused some difficulty, and the judicial attitude has undergone transformation on this

    Buestion over time. 'hat if a law enacted to enforce a Directive ?rinciple infringes a

    8undamental "ightC On this Buestion, the judicial view has veered round from

    irreconcilability to integration between the 8undamental "ights and Directive ?rinciples and

    in some of the more recent cases, to giving primacy to the Directive ?rinciples. Initially, the

    courts adopted a strict and literal legal position in this respect. he $upreme %ourt adopting

    the literal interpretative approach to !rt. 32 ruled that a Directive ?rinciple could not override

    a 8undamental "ight, and that in case of conflict between the two, the 8undamental "ight

    would prevail over the Directive ?rinciple.:

    his point was settled by the $upreme %ourt in -tate of /adras v. Champa0am Dorairajan,)

    where governments order in conflict with !rt. *

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    appropriate writs, orders or directions under article 3. he chapter on 8undamental "ights is

    sacrosanct and not liable to be abridged by any legislative or executive act or order, except to

    the extent provided in the appropriate article in part III. he Directive ?rinciples of state

     policy have to conform to and run as subsidiary to the chapter on 8undamental "ights.F

    In course of time, a perceptible change came over the judicial attitude on this Buestion. he

    $upreme %ourtEs view as regards the interplay of Directive ?rinciples and 8undamental

    "ights underwent a change. he $upreme %ourt started giving a good deal of value to the

    Directive ?rinciples from a legal point of view and started arguing for harmoniing the twoA

    the 8undamental "ights and Directive ?rinciples.

    he $upreme %ourt came to adopt the view that although Directive ?rinciples, as such, were

    legally nonAenforceable, nevertheless, while interpreting a statute, the courts could look for 

    light to the “lode starF of the Directive ?rinciples. “'here two judicial choices are available,

    the construction in conformity with the social philosophyF of the Directive ?rinciples has

     preference. he courts therefore could interpret a statute so as to implement Directive

    ?rinciples instead of reducing them to mere theoretical ideas. his is on the assumptions that

    the law makers are not completely unmindful or obvious of the Directive ?rinciples.

    8urther the courts also adopted the view that in determining the scope and ambit of 8undamental "ights, the Directive ?rinciples should not be completely ignored and that the

    courts should adopt the principles of harmonious construction and attempt to give effect to

     both as far as possible. 8or example, as early as )*+1, in 1erala *ducation Bill ,3 D!$, %.@.,

    while affirming the primacy of 8undamental "ights over the Directive ?rinciples, Bualified

    the same by pleading for a harmonious interpretation of the two. e observed “nevertheless,

    in determining the scope and ambit of the 8undamental "ights relied upon by or on behalf of 

    any person or body, the court may not entirely ignore these Directive ?rinciples of state

     policy laid down in part I& of the constitution but should adopt the principle of harmonious

    construction and should attempt to give effect to both as much as possible.F5

    22 (umbai 4angar $abha v. !bdulbhai, !I" )*2- $% )5++

    23 In re 4erala #ducation 0ill, !I" )*+1 $% *+-6 )*+* $%" **+.

    24 !I" )*+1 $% at *--A-26 )*+* $%" **+.

    15

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    'ithout, therefore, making the Directive ?rinciples justifiable as such, the courts began to

    implement the values underlying these principles to the extent possible. he $upreme %ourt

     began to assert that there is “no conflict on the wholeF between the 8undamental "ights and

    the Directive ?rinciples. Khey are complementary and supplementary to each other.F+

    $ince then, the judicial attitude has become more positive and affirmative towards Directive

    ?rinciples, and both 8undamental "ights and Directive ?rinciples have come to be regarded

    as coAeBual. here is in effect a judicial tendency to interpret 8undamental "ights in the light

    of, and so as to promote, the values underlying Directive ?rinciples.

    his aspect of the Directive ?rinciples was stressed upon by the $upreme %ourt in 2ola0 

     3ath.-  he $upreme %ourt there emphasied that the 8undamental "ights and Directive

    ?rinciples formed an “integrated schemeF which was elastic enough to respond to the

    changing needs of the society.

    In  /d. 4anif 5ureshi v. -tate of Bihar #6  the petitioner claimed that the sacrifice of cows on

    the occasion of 0akrid was an essential part of his religion and therefore the state law

    forbidding the slaughter of cows was violative of his right to practice religion, the court

    rejected his argument and held that a state law that prohibits the slaughter of cows and other 

    cattle capable of work has been upheld because it was meant to give effect to article 51 of the

    %onstitution $upreme %ourt held that enactment of prohibition of cow slaughter !ct

    In 7rient weaving mills v  8.7.I.#9 exemption was granted for excise duty in small scale

    industries. his was challenged on the grounds that the exemption was given only to the

    small scale industries and not others. he $upreme %ourt held that !rticle 53 applies because

    for the development of rural areas and also because it is the duty of government to promote

    small scale industries.

    !ccording to >rain &ille !ustin, the fundamental rights and the directive principles are the

    conscience of our constitution.

    25 %handra 0havan 0oarding and ;odging, 0angalore v. $tate of (ysore, !I" )*2: $% :5 at

    :+:6 olak 9ath v. $tate of ?unjab, !I" )*-2 $% )-53

    27 !I" )*+1 $% 23)

    28 !I" )*13 $% *1

    16

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    In 1esavananda Bharti v. -tate of 1erala#: #>D# and (74#"@I,@@., observedG

    “he 8undamental "ights and Directive ?rinciples constitute the “conscience of the

    constitutionF there is no antithesis between the 8undamental "ights and Directive ?rinciples

    and one supplements the other.F

    $#;! and >"O", @@., observed in their judgment G

    “0oth parts III

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    the %onstitution. It was held that the fixation of wages for labourers did not violate freedom

    of trade under the !rt. )* goes out.

    his amendment considerably enhanced the importance of D?$?s. he object of the

    amendment stated in the object was that, this was enacted to get over difficulties placed in the

    way of giving effect to the D?$?s.

    he article 3) % was again amended in 5 nd  amendment )*2-. his amendment further 

    widened the scope of article 3) % so as to cover all the D?$?s. 8or this purpose, the

    amendment substituted the words, “!ll or any principles laid down in part I&F for words “the

     principles specified clause

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    he 8undamental "ights “are not an end in themselves but are the means to an end.F he end

    is specified in Directive ?rinciples. On the other hand, the goals set out in Directive

    ?rinciples are to be achieved without abrogating the 8undamental "ights. “It is in this senseF

    that 8undamental "ights and Directive ?rinciples “together constitute the core of our 

    constitution and combine to form its conscience. !nything that destroys the balance between

    the two parts will ipso facto destroy an essential element of the basic structure of our 

    constitution.F

    In -anjeev Co0e /anufacturing Co. v. Bharat Coo0ing Coal ?td .31 the $% expressed doubt on

    th validity of its decision in (inerva (ills %ase. 0ut it has not overruled expressly by the $%

    in this case and hence the judgment of $% in (inerva (ills case is valid.

    In -tate of Tamil 3adu v. ? !bu 1avur Bai ,3* while upholding the validity of the state law,

    enacted for nationaliing transport service in the state on the ground that it was enacted for 

    implementing the D?$?s contained in !ticle 3*

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    civil and political rights and the Directive ?rinciples embody social and economic rights.

    (erely because the Directive ?rinciples are nonAjusticiable by the judicial process does not

    mean that they are of subordinate importance.

    he Directive ?rinciples and 8undamental "ights are not now regarded as exclusionary of 

    each other. hey are regarded as supplementary and complementary to each other. In course

    of time, the judicial attitude has veered from irreconcilability to integration of the

    8undamental "ights and the Directive ?rinciples. he Directive ?rinciples which have been

    declared to be “fundamentalF in the governance of the country cannot be isolated from

    8undamental "ights. he Directive ?rinciples have got to be read into the 8undamental

    "ights. !n example of such relationship is furnished by the “right to educationF.

    he $upreme %ourt has argued in 7lga Tellis>#  that since the Directive ?rinciples are

    fundamental in the governance of the country they must, therefore, be regarded as eBually

    fundamental to the understanding and interpretation of the meaning and content of 

    8undamental "ights.

    In Dalmia Cement>$ the $upreme %ourt has emphasied that the core of the commitment of 

    the constitution to the social revolution through rule of law lies in effectuation of the

    8undamental "ights and directory principles as supplementary and complimentary to eachother. he preamble to the constitution, 8undamental "ights and Directive ?rinciplesAthe

    trinityAare the conscience of the constitution.

    It has now become a judicial strategy to read 8undamental "ights along with Directive

    ?rinciples with a view to define the scope and ambit of the former. 0y and large this

    assimilative strategy has resulted in broadening, and giving greater depth and dimension to,

    and even creating more rights for the people over and above the expressly stated,

    8undamental "ights. !t the same time, the values underlying the Directive ?rinciples have

    also become enforceable by riding on the back of the 8undamental "ights. On the whole, a

    survey of the caseAlaw shows that the courts have used Directive ?rinciples not to restrict, but

    rather to expand, the ambit of the 8undamental "ights.

    42 Olga ellis v. 0ombay (unicipal %orpn., !I" )*1- $% )*56

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    he theme that “8undamental "ights are but a means to achieve the goal indicated in the

    Directive ?rinciplesF and the 8undamental "ights must be construed in the light of the

    Directive ?rinciplesF has been advocated by the $upreme %ourt time and again.

    hus, the integrative approach towards 8undamental "ights and Directive ?rinciples, or that

    “8undamental "ights must be construed in the light of the directive principleF has been

    advocated by the $upreme %ourt time and again.

    hus, the integrative approach towards 8undamental "ights and Directive ?rinciples, or that

    the both should be interpreted and read together, has now come to hold the field. It has now

     become a judicial strategy to read 8undamental "ights along with Directive ?rinciples with a

    view to define the scope and the ambit of the former. (ostly, Directive ?rinciples have been

    used to broaden, and to give depth to some 8undamental "ights and to imply some more

    rights there from for the people over and above what are expressly stated in the 8undamental

    "ights. hat biggest beneficiary of this approach has been !rt ). 0y reading !rt. ) with the

    Directive ?rinciples, the $upreme %ourt has derived there from a bundle of rights. o name a

    few of theseG

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    the 8undamental "ights contained in !rts. )5, )* and 3). he $upreme %ourt held the

    !mendment valid in the   1esavananda case%". he court emphasied that there is no

    disharmony between the Directive ?rinciples and the 8undamental "ights as they supplement

    each other in aiming at the same goal of bringing about a social revolution and the

    establishment of a welfare state, which is envisaged in the preamble. he courts therefore

    have a responsibility to so interpreting the constitution as to ensure implementation of the

    Directive ?rinciples and to harmonie the social objectives underlying therein with individual

    rights. @7$I%# (!#' went farthest in attributing to the directive principle, a

    significant place in the constitutional scheme. !ccording to himG

    In building up a just social order it is sometimes imperative that the 8undamental "ights

    should be subordinate to Directive ?rinciples. #conomic goals have an uncontestable claim

    for priority over ideological ones on the ground that excellence comes only after existence. It

    is only if men exist that there can be 8undamental "ights.F

    e thus came to the conclusions, as regards art. 3)%, that “if parliament, in its capacity as an

    amending body, decides to amend the constitution in such a way as to take away or abridge a

    8undamental "ight to give priority value to the moral claims embodied in part I& of the

    constitution

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    “by enacting 8undamental "ights and Directive ?rinciples which are negative and positive,

    obligations of then states, the constituent assembly made it the responsibility of the

    government to adopt a middle path between individual liberty and public good. 8undamental

    "ights and Directive ?rinciples have to be balanced. he balanced can be tilted in favour of 

    the public good. he balance, however, cannot be overturned by completely overriding

    individual liberty. his balance is an essential feature of the constitution.F

    On the whole, a survey of the case law shows that the courts have used Directive ?rinciples

    not so much to restrict 8undamental "ights as to expand their scope and content.

    CONCLUSION

    he interArelation doctrine between 8undamental "ights and Directive ?rinciples of state

     policy is not only theoretical but also practical and rewarding. 8undamental "ights provide

     political freedom to the citiens by protecting them against the excessive stste action while

    Directive ?rinciples are to secure social and economic freedom by appropriated action both

    are inspiration of reform legislation.+3  he recent trend in this regard, is that though the

    Directive ?rinciples are unenforceable, and a $tate cannot be compelled to undertake a

    legislation to implement a Directive, the $upreme %ourt has been issuing directions to the

    $tate to implement the ?rinciples. ence various aspects of ?art I& are being enforced by thecourts indirectly. oday thus, the Directive ?rinciples no longer remain merely a moral

    obligation of the >overnment.+5

    In the recent judgments the court has declared many directives as 8undamental "ights and

    have enforced them. #Bual pay for eBual work, ?rotection of children from exploitation,

    !bolition of child labour in haardous works, 8ree and compulsory education of children

     below the age of )5 years

    available at httpGHHwww.legalservicesindia.comHarticleHarticleHrelationAbetweenApartAiiiAandApartAivAofA

    constitutionAofAindiaAchangingAtrendsA):+1A).html last visited $eptember *, :)3

    54 -upra not 3- at -

    55 -upra note * at 5-+.

    24

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    to establish harmony between 8undamental "ights and Directive ?rinciples, since

    maintenance of harmony between them is a basic feature to the constitution. +-

    BIBLIOGRAPHY

     BOOKS 

    ). ( ? @!I9, I 9DI!9 %O9$I7IO9!; ;!', p. 1*2 !  D!$  0!$7, I 9"OD7%IO9  O  #  %O9$I7IO9  O8  I 9DI!, :th  edition,

    ;exis 9exis 0utter 'orths $wadha, 9agpur.

     ARTICLES 

    ). Dr. >okulesh $harma, !n #valuation of "elationship between 8undamental "ights

    and Directive ?rinciples 7nder %onstitution, available at  

    httpGHHdrgokuleshsharma.comHpdfH!9:#&!;7!IO9O8:"#;!IO9A$I?

    :0#'##9:879D!(#9!;$:"I>$.pdf last visited $eptember ,

    :)+.

    . /7##9%J  ?#"#I"!, InterArelation 0etween 8undamental "ights and Directive

    ?rinciples of $tate ?olicy, p. 3 available at  

    httpGHHwww.grkarelawlibrary.yolasite.comHresourcesH;;(A%onstA)A/ueency.pdf last

    visited $eptember , :)+

    3. @agadish, "elation 0etween ?art III and ?art I& of the IndiaA %hanging trend

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     STATUTES 

    ). he %onstitution of India, )*+:

    WEBLIOGRAPHY

    ). httpGHHwww.lawteacher.netHfreeAlawAessaysHadministrativeAlawHfundamentalArightsA

    andAdirectiveAprinciplesAadministrativeAlawAessay.php

    . httpGHHdrgokuleshsharma.comHpdfH!9:#&!;7!IO9O8:"#;!IO9$I?

    :0#'##9:879D!(#9!;$:"I>$.pdf 

    3. httpGHHwww.grkarelawlibrary.yolasite.comHresourcesH;;(A%onstA)A/ueency.pdf 

    4. httpGHHwww.legalservicesindia.comHarticleHarticleHrelationAbetweenApartAiiiAandApartAivA

    ofAconstitutionAofAindiaAchangingAtrendsA):+1A).html