RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

OF STATE POLICY

SYNOPSIS
BASICS OF LEGISLATION

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

SUBMITTED TO- SUBMITTED BY-

DR. SHASHANK SHEKHAR NAME- KUSHAGRA KRISHNA
ASSISTANT PROFESSOR ENROLMENT NUMBER-190101087
BASICS OF LEGISLATION SECTION- A
COURSE- B. A. LL. B(HONS.)
SEMESTER- 1ST
 RELATION BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF
STATE OF POLICY: INTRODUCTION

This project deals with relation between fundamental rights and directive principles of state policy. They share

a very good relation. Both of them are important for the welfare of the people. The Fundamental rights seek

to achieve the goal by guaranteeing certain minimal rights to the individual as against State action, the

Directives enjoin the State to ensure the welfare of the people collectively.

The idea of embodying a code of Directive Principles has been borrowed by the framers of the Constitution

from the Irish Constitution of 1937, which contains similar provisions.

Fundamental Rights are justifiable and enforceable rights while directive principles are non -justifiable and

cannot override fundamental rights. Fundamental rights provide political rights whereas social and economic

rights are provided through DPSP. Fundamental Rights are mentioned in the articles from 12 to 35 while

directive principles are mentioned from article 36 to 51.

Presiding over a seminar organised by the Confederation of Indian Bar, the CJI said: “In a sense, the Directive

Principles of State Policy epitomise the ideals, aspirations, sentiments, precepts and goals of the entire freedom

movement. The Directive Principles impart a sort of continuity in our national policies.”1

In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between the

Fundamental Rights and the Directive Principles, the former would prevail. It declared that the Directive

Principles have to conform to and run as subsidiary to the Fundamental Rights. But, it also held that the

Fundamental Rights could be amended by the Parliament by enacting constitutional amendments acts. As a

result, the Parliament made the First Amendment Act (1951), the Fourth Amendment Act and the Seventeenth

Amendment Act to implement some of the Directives. The above situation underwent a major change in 1967

following the Supreme Court's judgement in the Golaknath case (1967).

Whenever conflicts arise between fundamental rights and directive principles, fundamental rights prevail over

the directive principles because, in terms of Arts. 32 and 226, fundamental rights are enforceable by the courts.

If a law is in conflict with a fundamental right, it is declared void by the Supreme Court. But no law can be

declared void on the ground that it is violative of a directive principle. In 1951, in Champakam Dorairajan vs.

1
https://www.thehindu.com/news/national/rights-and-directive-principles-must-be-harmonised-cji/article5183014.ece
the state of Madras, the Supreme Court held “The chapter on Fundamental Rights is sacrosanct and not liable

to be abridged by any legislative or executive act. The Directive Principles of State Policy have to conform

and are subsidiary to the chapter on Fundamental Rights.”

 TENTATIVE CHAPTERIZATION

The following are the tentative chapters of the project titled relationship between fundamental right and

directive principle of state policy:

1. Introduction

2. Importance of fundamental right and directive principle of state policy

3. Relation between fundamental right and directive principle of state policy

4. Enforceability of fundamental right and directive principle of state policy

5. Important cases

6. Suggestion to improve the relation between fundamental rights and directive principle of state policy

7. Conclusion

BIBLIOGRAPHY

https://www.thehindu.com/news/national/rights-and-directive-principles-must-be-harmonised-

cji/article5183014.ece

https://www.jagranjosh.com/general-knowledge/difference-between-fundamental-rights-and-directive-

principles-1473930891-1

https://blog.ipleaders.in/dpsp-and-fundamental-rights/