A PROJECT

On

Relation between Directive Principles and Fundamental Rights

Subject: Constitutional Law

SESSION: 2021-2022

SUBMITTED ON: 20 January 2022

SUBMITTED BY: SUBMITTED TO:

RAHUL BAGARI DR. SANDEEP SINGH

ROLL NO. 64 (FACULTY)

CLASS- 3rd SEMESTER

SECTION- A

University Five Year Law College

University of Rajasthan, Jaipur

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DECLARATION :-

I, Rahul Bagari, hereby declare that project titled "Relation between Directive Principles
and Fundamental Rights" is based on the original research carried out by me under the guidance
and supervision of Dr. Sandeep Singh.

The interpretations put forth are based on my reading and understanding of the original text.
The book, article and website etc. which have been relied upon by me have been duly
acknowledged at the respective places in the text.

For the present project which I am submitting to the university, no degree or diploma has been
conferred on me before, either in this or in any university.

DATE: SIGNATURE

20 January 2022 Rahul Bagari

ROLL NO. 64

CLASS- 3rd SEMESTER'A'

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CERTIFICATE :-

Dr. Sandeep Singh ; Date: 20 January 2022

This is certify that Mr. Rahul Bagari, student of 3rd semester 'A' of University Five Year Law
College, University of Rajasthan has carried out the project titled "Relation between
Directive Principles and Fundamental Rights" under my supervision and guidance.

It is an investigation report of a minor project. The student has completed research Work in my
stipulated time and according to the norms prescribed for the purpose.

Supervision

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ACKNOWLEDGEMENT :-

I have written this project, "Relation between Directive Principles and Fundamental
Rights" under the supervision of Dr. Sandeep Singh, Faculty of Constitutional Law,
University Five Year Law College, University of Rajasthan, Jaipur. Her valuable suggestions
here in not only helped me immensely in making this work but also in developing an analytical
approach this work.

I found no words to express my sense of gratitude for Director Dr. Aruna Chaudhary.

I am grateful to librarian and library staff of the college for the support and cooperation
extended by them from time to time.

Rahul Bagari

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TABLE OF CONTENT :-

CERTIFICATE..............................................................................................................................02

DECLARATION...........................................................................................................................03

ACKNOWLEDGEMENT.............................................................................................................04

CHAPTER-1
Origin of Directive Principles & Fundamental Rights............................................................06-07

CHAPTER- 2
Purpose for Insertion of Directive Principles &Fundamental Rights in Constitution ..................08

CHAPTER-3
Relationship between Directive Principles & Fundamental Rights.........................................09-10

CONCLUSION..............................................................................................................................11

BIBLIOGRAPHY..........................................................................................................................12

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 CHAPTER - 1
ORIGINE OF DIRECTIVE PRINCIPLES & FUNDAMENTAL RIGHTS
The constitution of India is considered as the longest written constitution of any sovereign
nation in the world. At its birth, it had 395 articles in 22 parts and 8 Schedules and it currently has
a Preamble, 25 Parts with 12 schedules, 5 appendices, 101 amendment and 448 articles.

Fundamental rights and DPSP as cherished in the Constitution of India together comprises the
human rights of an individual. The Constitution expresses fundamental rights as an idea which
appeared in India in 1928 itself. The Motilal Committee Report of 1928 clearly shows inalienable
rights derived from the Bill of Rights enshrined in the American Constitution to be given to the
individual. These rights were preserved in Part III of the Indian Constitution. of India.

FUNDAMENTAL RIGHTS :-

Fundamental rights are also known as Inherent rights because they are inherent to every person by
birth. These are the rights which provide an individual with some basic rights for the purpose of
survival. No discrimination is made on the basis of religion, caste, race etc. and if any person feels
so that his fundamental rights are being infringed then he can surely approach to court for the
violation of his rights.

There are six fundamental right mentioned under the Constitution of India -

• Right to equality

• Right to freedom

• Right to freedom of religion

• Right against exploitation

• Cultural and educational rights

• Rights to constitutional remedies

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DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP) :-

The concept of DPSP emerged from Article 45 of the Irish Constitution. DPSP imposes a duty
upon the state not only to protect and acknowledge the Fundamental right of the individual but
also to achieve Social-economic goals. DPSP was summarizing in Part IV of the Indian
Constitution of India.

Certain guidelines are present for the state authority to work upon them for the protection of
society. It mostly focuses on welfare and improvement of society altogether. As fundamental rights
are enforceable in a court of law, DPSP cannot be enforced for making any rules, policy or
guidelines.

Some of the examples of DPSP are:

1. Right to education

2. Maternity benefit

3. Uniform Civil code

4. Providing proper nutrition food

5. Providing adequate means of livelihood

However, it is already a controversial topic in the Constitution about the relationship of

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 CHAPTER - 2
PURPOSE FOR INSERTION OF DIRECTIVE PRINCIPLES &
FUNDAMENTAL RIGHTS IN CONSTITUTION

The framers of the Indian constitution were aware that there were other constitutions which had
given expression to certain ideals as the goal towards which the country should strive and which
had defined the principles considered fundamental to the governance of the country. They were
aware of the event that had culminated in the charter of United Nations.

Universal declaration of Human rights had been adopted by the General Assembly of the United
Nations, for India was a signatory to it. It contained a basic and fundamental rights appertaining
to all men. These rights were born of the philosophical speculation of the Greek and Roman stoics
and nurture by the jurists of ancient Rome. These rights had found expression in a limited form in
the accords of 1188 entered into between King Alfonso IX and the cortes of leon, the Magna Carta
of 1215 and the guarantees which King Andrew II of Hungary was forced to give by his Golden
bull of 1822. The French National Assembly also included the “Declaration of the Rights of Man
and of the Citizen”. The first ten amendments to the constitution of the United States of America
contained certain rights akin to Human rights. Constitution of Eire, Japan also contained similar
rights and Directive principles. Section 8 of the article 1 of the U.S constitution contained a
Welfare clause empowering the federal Government to enact laws for the overall general welfare
of the people. U.S.A, the U.K and Germany had passed social welfare legislation. The framers of
the Indian constitution, therefore, headed the constitution of India with a preamble which declared
India’s goal and inserted parts III and IV in the constitution.

One of main objectives of the constitution makers in including such a provision in the constitution
was to lay down certain principles for the guidance of the governments. While formulating their
policies the Governments are expected to according to these principles.

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 CHAPTER - 3
RELATIONSHIP BETWEEN DIRECTIVE PRINCIPLES &
FUNDAMENTAL RIGHTS

The Directive Principles have been used to uphold the Constitutional validity of legislations in
case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in
1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c)
would not be invalid on the grounds that they derogated from the Fundamental Rights conferred
by Articles 14, 19 and 21. The application of this article was sought to be extended to all the
Directive Principles by the 42nd Amendment in 1976, but the Supreme Court struck down the
extension as void on the ground that it violated the basic structure of the Constitution.

The Fundamental Rights and Directive Principles have also been used together in forming the basis
of legislation for social welfare. The Supreme Court, after the judgment in the Kesavananda
Bharati case, has adopted the view of the Fundamental Rights and Directive Principles being
complementary to each other, each supplementing the other's role in aiming at the same goal of
establishing a welfare state by means of social revolution. Similarly, the Supreme Court has used
the Fundamental Duties to uphold the Constitutional validity of statutes which seeks to promote
the objects laid out in the Fundamental Duties. These Duties have also been held to be obligatory
for all citizens, subject to the State enforcing the same by means of a valid law. The Supreme Court
has also issued directions to the State in this regard, with a view towards making the provisions
effective and enabling citizens to properly perform their duties.

DIFFERENCES :-

1. Fundamental rights are enforceable through courts of law (justice able). While Directive
principles of State policy are not enforceable (non-justice able).
2. Fundamental rights prohibit the state from doing certain things. But Directive principles
are affirmative instruction to the State to do certain things.
3. Civil and political rights are predominant in fundamental rights. Whether economic and
social rights are predominant in the directive principle

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4. Contravention of any fundamental rights can be rescinded by the court. While the courts
cannot declare any law as void on the ground that it contravenes any of the directive
principles.
5. Courts can strike down an act of Government violative of any fundamental right and can
enforce the right against the Government. But directive principles do not confer upon or take
away any legislative power from the appropriate legislature.

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 CONCLUSION

The inter-relationship doctrine between fundamental rights and directive principles of state
policy is not only theoretical but also practical and rewarding. Fundamental rights provide for
political freedoms to the citizens by protecting them against excessive state action while directive
principles are to securing social and economic freedom by appropriated action both are inspiration
of reform legislation. The fundamental rights should be interpreted in the light of directive
principles to observe the limits set by directive principles in the scope of the fundamental rights.
For example article 39, 39-A can be interpreted with article 21 of the constitution and article 46
can be interpreted with article 29 and 30 of the constitution..

The judicial attitude has undergone transformation where courts are very active to uphold the
fundamental rights enshrined in the constitution thereby interpreting the provisions of part-IV i.e.
Directive Principles of State Policy. Initially, the courts adopted a strict and literal legal position
in interpreting part-III with part-IV of the constitution which is reflected in State of Madras V/S
Champakam Dorairajan. It was held in case of conflict between part-III and part –IV the
fundamental rights will prevail. In the course of time, change came over the judicial attitude as the
apex court views the interplay between part-III and part-IV in different manner from that of
Champakam Dorairajan’s case and held that there is good deal of value for directive principles of
state policy from legal point of view and started to have harmonize between the two parts of
constitution. The author has made an attempt to show core area of interaction part-III and Part-IV
in the above paragraphs of this article.In the recent decisions of the apex and high courts there has
been a changing trend by making a harmonious construction between part-III and part-IV of the
constitution making directive principles of state policy justifiable and enforceable on par with
fundamental rights of the constitution.

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 BIBLIOGRPHY

1. https://legalserviceindia.com
2. https://en.wikipedia.org
3. https://blog.ipleaders.in

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