Directive principles of state policy and their relationship

Fundamental Rights, Directive Principles and Fundamental Duties of India - Wikipedia

directive principles of state policy and their relationship

The Constitution lays down certain Directive Principles of State Policy, which These lay down that the State shall strive to promote the welfare of people by just and honourable relations between nations; respect for international law; treaty. In doing so, it explores the relationship between DPSP and socio-economic A. Directive Principles of State policy: A Mere Constitutional Rhetoric or a Reali-. 12 Bertus De Villiers, Directive Principles of State Policy and Fundamental Rights : Pandit Nehru in his speeches in relation to the 1st and 4th Constitutional.

The central part of this controversy is the question pertaining to which part of the Constituion would have primacy in the case of conflict between Parts III and IV. In this brief paper, an attempt is made to ascertain and comprehend the constitutional relationship between fundamental rights and directive principles.

The author seeks to map out three different perspectives of the judiciary and the legislature with regards to the 1 V.

directive principles of state policy and their relationship

Looking Back to See Ahead ' [] 14 Am. These decisions of the apex court were subject to much criticism due to the excess importance endorsed to Fundamental Rights resulting in the complete neglect of principles that promoted socio-economic change and development.

Pandit Nehru in his speeches in relation to the 1st and 4th Constitutional Amendments expressly stated his disappointment. The result is that the whole purpose behind the Constitution which was meant to be a dynamic Constitution leading to a certain goal step by step, is somewhat hampered and hindered by the static element being emphasized a little more than the dynamic element.

directive principles of state policy and their relationship

In Chandra Bhawan Boarding and Lodging Bangalore v State of Mysore18, the Minimum Wages Act, was challenged for conferring unrestricted, unfettered and arbitrary power on the statein determining the minimum wages. The state argued that it was obligated to provide for minimum wages in accordance with the Directive Principles. Although these judgments were more dynamic in comparison to the previous 16 Parliamentary Debates, Vol. It could easily be speculated that the 42nd Amendment in was to accord primacy to the Directive Principles over the Fundamental Rights.

Profile - Directive Principles Of State Policy - Know India: National Portal of India

In Minerva Mills Ltd. It was stated that Part III and Part IV together comprised of the core of the constitution and any legislation or amendment that destroyed the balance between the two would be in contravention to the basic structure of the Constitution.

directive principles of state policy and their relationship

The grounds for imposing these restrictions vary according to the freedom sought to be restricted, and include national security, public order, decency and morality, contempt of court, incitement to offences, and defamation. The State is also empowered, in the interests of the general public to nationalise any trade, industry or service to the exclusion of the citizens.

directive principles of state policy and their relationship

It was argued, especially by Benegal Narsing Rauthat the incorporation of such a clause would hamper social legislation and cause procedural difficulties in maintaining order, and therefore it ought to be excluded from the Constitution altogether. However, inthe Supreme Court in the case of Maneka Gandhi v. Union of India extended the protection of Article 21 to legislative action, holding that any law laying down a procedure must be just, fair and reasonable, [49] and effectively reading due process into Article The person being detained also has the right to be informed about the grounds of detention, and be permitted to make a representation against it, at the earliest opportunity.

The Right against Exploitation, contained in Articles 23—24, lays down certain provisions to prevent exploitation of the weaker sections of the society by individuals or the State. However, it permits the State to impose compulsory service for public purposes, including conscription and community service.

Parliament has enacted the Child Labour Prohibition and Regulation Act,providing regulations for the abolition of, and penalties for employing, child labour, as well as provisions for rehabilitation of former child labourers.

Fundamental Rights and Directive Principles of State Policy | Political Science

According to the Constitution, there is no official State religion, and the State is required to treat all religions impartially and neutrally. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform. These provisions do not derogate from the State's power to acquire property belonging to a religious denomination. Eighty-sixth Amendment of the Constitution of India and Right of Children to Free and Compulsory Education Act The Cultural and Educational rights, given in Articles 29 and 30, are measures to protect the rights of cultural, linguistic and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination.

In order to claim the right, it is essential that the educational institution must have been established as well as administered by a religious or linguistic minority.

Fundamental Rights and Directive Principles of State Policy | Political Science

Further, the right under Article 30 can be availed of even if the educational institution established does not confine itself to the teaching of the religion or language of the minority concerned, or a majority of students in that institution do not belong to such minority.

Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of a public interest litigation. Now it is not counted as a Fundamental Right.