Conflict between fundamental rights and directive

In State of Kerala vs. Protect the rights of a citizen and work at a macro level. The court further said that where two interpretation of the law is possible, and one interpretation validates the law while other interpretation makes the law unconstitutional and void, then the first interpretation which validates the law should be adopted.

Union of India,the Supreme Court said that no difference can be made between the 2 sets of rights.

relationship between fundamental rights and directive principles notes

Now in the case of Pathumma vs. Conclusion It can be concluded by saying that the basic feature of the constitution is to maintain harmony between fundamental rights and DPSP.

conflict between fundamental rights and directive principles of state policy

For better understanding about the conflict between DPSP and Fundamental Rights lets study some of the important case laws and then we can decide what happens when a conflict arises between both of them. Now, what is the Doctrine of Harmonious Construction?

Relationship between fundamental rights and directive principles of state policy pdf

The constitution aims at bringing about a combination between DPSP and Fundamental rights which is reflected in several other cases as well. Now, the second clause of Article 31 C , as we have read earlier, was declared unconstitutional and void because that was against the basic structure. These have legal and political sanctions. They aim at establishing social and economic democracy in the country. So basically, in all these cases, what they are trying to explain is that Fundamental rights and DPSP go together. They are not automatically enforced. Firstly, we will see what the Supreme Court has said and then we will discuss what the parliamentary action was taken. They say that if any law is framed with effect to DPSP and if it violates Article 14 , 19 and 21 then the law should not declare constitution as void merely on this ground.

That there is a fine balance in the original Constitution as between the DPSP and the Fundamental Rights, which should be adhered to by the Courts by a harmonious reading of the two categories of provisions, instead of giving any general preference to the DPSP.

DPSPs are not enforceable by law, but just directives to the state.

explain the ways of resolving the conflict between fundamental rights and directive principles

These are non justifiable i.

Rated 6/10 based on 24 review
The Relation Between DPSPs and Fundamental Rights