Relationship between fundamental rights and directive principles

In today’s article we are going to learn about Relationship between fundamental rights and directive principles.

Before understanding the relationship between fundamental rights and directive principles, let’s first understand fundamental rights and directive principles of state policy.

Fundamental rights are a set of basic freedoms that are guaranteed to all citizens of a country. These rights are conferred in part III of the Indian Constitution from article 12 to 35 . These rights are protected by the constitution and are intended to protect the dignity and personality of every citizen.

There are six schemes of fundamental of rights guaranteed by the indian constitution they are as follows :

1. Right to equality : Articles 14–18, this right includes equality before the law, prohibition of discrimination, and equality of opportunity in employment

2. Right to freedom :Articles 19–22, this right includes freedom of speech and expression, assembly, association, movement, residence, and the right to practice any profession

3. Right against exploitation : Articles 23–24, this right prohibits forced labor, child labor, and human trafficking

4. Right to freedom of religion : Articles 25–28, this right includes freedom of conscience and the free practice of religion

5. Cultural and educational rights : Articles 29–30, this right includes the right of citizens to conserve their culture, language, or script, and the right of minorities to establish educational institutions

6. Right to constitutional remedies: Article 32, this right provides a means to enforce fundamental rights

The Directive Principles of State Policy (DPSP) are guidelines for the Indian government to ensure social and economic justice to manage the governance of India. They are found in Articles 36–51 of Part IV of the Constitution of India.The purpose of DPSP is to promote the welfare of the people. DPSPs are not enforceable by law, meaning that the courts cannot enforce them.

Examples of DPSPs
1. Providing a living wage and humane working conditions for workers
2. Ensuring equal pay for equal work
3. Providing free and compulsory education for all children up to the age of 14
4. Promoting international peace and security
5. Protecting national monuments
6. Promoting justice on a basis of equal opportunity

1. Fundamental rights and Directive Principles of State Policy (DPSPs) are complementary and supplementary to each other.

2. These are two sets of provisions in the Indian Constitution that balance individual rights with the collective welfare of society.

3. The main aim of both the DPSP and FRs is to protect the citizens from any arbitrary actions of the state.

4. The DPSP, along with fundamental rights, contains the philosophy of the Constitution and is the soul of the Constitution. Both of them work for the welfare of the state.

The Supreme Court has, on several occasions, also clarified the relationship between fundamental rights and directive principles. Let us examine those cases for a better understanding of the relationship between fundamental rights and directive principles.

Case law: Champakam Dorairajan v. The State of Madras (1951)

In this case, the Supreme Court ruled that in case of any conflict between the FRs and the DPSP, the former would prevail. It declared that the DPSP have to conform to and run as subsidiary to the FRs. It also held that the FRs could be amended by the Parliament by enacting constitutional amendment acts.

Case law: Golaknath v. The State of Punjab (1967)

In this case, the Supreme Court declared that FRs could not be amended by the Parliament even for implementation of DPSP It was contradictory to its own judgement in the ‘Shankari Parsad case’.

Case law: Kesavananda Bharati v. The State of Kerala (1973):

In this case, the Supreme Court overruled its Golak Nath (1967) verdict and declared that Parliament can amend any part of the Constitution, but it cannot alter its “Basic Structure”. Thus, the Right to Property (Article 31) was eliminated from the list of Fundamental Rights.

In this case the apex court also held that the government has to make a harmonious relationship between fundamental rights and directive principles so they can both be implemented effectively.

Case law: Minerva Mills v. Union of India (1980)

In this case, the 42nd amendment of the Constitution was challenged, and the apex court struck down the 42nd amendment by a majority of 4:1 by stating that the 42nd amendment violated the basic structure of the Constitution.

The Supreme Court reiterated that Parliament could amend any part of the Constitution, but it cannot change the “Basic Structure” of the Constitution.By the 42nd amendment, DPSP were given supremacy over FRs.

Court also held that DPSP are fundamental principles which are applied by state for the governance of country and it is not necessary to violates the fundamental rights conferred by part 3 of the Constitution to interpret DPSP.

Case law: CHARU KHURANA V UOI 2015

In this case, the Apex Court held that the Directive Principles of State Policy (DPSPs) and Fundamental Rights (FRs) are like two wheels of the same chariot, if one wheel is removed, the chariot will collapse.

After examining the above cases, we can say that DPSPs are not restricting the scope of FRs but instead they are helping in extending the scope of FRs. Instead of looking for conflict between DPSPs and FRs, The legislature of the country have to implement DPSP and FR in a way where both can coexist with each other. 

Some cases where Directive Principles are given status of Fundamental Rights

1. Equal pay for equal work: Conferred under Article 39 of the Indian Constitution, In the case of Randhir Singh v. UOI, the court declared equal pay for equal work as a fundamental right.

2. Right to education: Conferred under Article 45 of the Indian Constitution, In case of Unnikrishnan Vs State of AP , It was held by the court that children from ages 6 to 14 will have a fundamental right to free and compulsory education.