Balancing Fundamental Rights and Directive Principles
Kartavya Desk Staff
#### GS Paper 2
Syllabus: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Source: TH
Context: In the case of Property Owners Association vs State of Maharashtra, the Supreme Court has an opportunity to settle a constitutional clash between fundamental rights and Directive Principles of State Policy.
What is the case about?
The case of Property Owners Association vs State of Maharashtra involves a constitutional clash between fundamental rights and Directive Principles of State Policy. It centres on interpreting Article 39(b) of the Constitution.
It raises two key questions:
• The interpretation of the term “material resources of the community” in Article 39(b) of the Constitution.
• Whether laws enacted to fulfil the objectives of Article 39(b) are exempt from legal challenges based on fundamental rights to equality and liberty, highlighting a conflict between fundamental rights (Part III) and Directive Principles of State Policy (Part IV) of the Constitution.
Conflict between FR and DPSP:
• Foundational Conflict: While Part III guarantees enforceable fundamental rights, Part IV outlines non-justiciable DPSPs. The tension arises from the divergent nature of these provisions, with rights being justiciable and DPSPs being non-justiciable.
• Clash of Priorities: Fundamental rights prioritize individual autonomy, while DPSPs focus on social and economic justice.
• Constitutional Foundation: Articles 13 and 37 establish the framework, protecting fundamental rights and making DPSPs non-justiciable.
• Early Judicial Clarification: The Supreme Court emphasizes implementing DPSPs without infringing fundamental rights in Mohd. Hanif Quareshi case.
• Article 31(C) Introduction: The 25th Amendment introduces Article 31C to shield laws for the common good from fundamental rights scrutiny.
• Kesavananda Bharati Case (1973): Validates Article 31C subject to judicial review.
• 42nd Constitutional Amendment: Expands Article 31C’s scope; declared unconstitutional in Minerva Mills case.
• Waman Rao Case: Upholds Article 31C’s validity by aligning with Articles 39(b) and (c).
• Coelho v. State of T.N (2007): SC said that it is the responsibility of the government to adopt a middle path between individual liberty (Fundamental Rights) and public good (Directive Principles).
FR Vs DPSP
Aspect | Fundamental Rights | Directive Principles of State Policy
Origin | Borrowed from the constitution of the USA | Borrowed from the constitution of Ireland
Coverage | Part III, Articles 12 – 35 | Part IV, Articles 36 – 51
Enforceability | Justiciable – legally enforceable by courts | Non-justiciable – not legally enforceable by courts
Connotation | Negative – Prohibit state actions | Positive – Enable state actions
Aim | Establish political democracy | Establish social and economic democracy
Driving Force | Legal sanctions | Moral and political sanctions
Focus | The welfare of individual, personal and individualistic | The welfare of the community, sectarian and socialistic
Enforcement | Automatically enforced, legislation is not always required (exception – Art. 17) | Legislation required for enforcement
Consequences of Violation | Violation may invalidate the law | The violation does not invalidate the law, judiciary may uphold law enacted to fulfill directive
Similarities Between Fundamental Rights and DPSP:
• Both are borrowed features of the constitution.
• Both aim to achieve inclusive and equitable growth of the nation.
• Both are backed by broader constitutional provisions.
• Both are critical for strengthening India’s democratic setup.
• Both serve as guiding principles for the judiciary in determining constitutionality.
• The genesis and objectives of both parts have a common aim in responding to societal needs as envisioned by the constitution makers.
The Directive Principles of State Policy and the Fundamental Rights together form the backbone of the Indian Constitution. These two sets of principles embody the core values and philosophy upon which the Constitution is built. Granville Austin, a renowned constitutional expert, has aptly described them as the ‘Conscience of the Constitution.’
Directive principles and fundamental rights are intricately linked in the Indian Constitution. While fundamental rights protect civil and political liberties, directive principles address social and economic rights. Despite being non-justiciable, directive principles hold significant importance. Over the years, the Supreme Court has emphasized their complementary nature. The court has stressed the integrated scheme of fundamental rights and directive principles, advocating for a harmonious interpretation to achieve broader socio-economic goals. It has also highlighted the responsibility of the government to strike a middle path between individual liberty and public good, ensuring a balanced approach to governance.
Conclusion:
The Property Owners case presents an opportunity to reaffirm the core principles of equality, liberty, and social justice in the Indian Constitution. By balancing individual rights with collective welfare, the judiciary can strengthen India’s constitutional democracy, ensuring justice and equity in governance.
Insta Links:
• Fali S Nariman on Basic Structure Doctrine
Mains Link:
Q1. ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (USPC 2021)
Q2. “Parliament’s power to amend the Constitution is limited power and it cannot be enlarged into absolute power.” In light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power. (UPSC 2019)
Prelims Link:
Q1. Which part of the Constitution of India declares the ideal of a Welfare State? (UPSC 2020)
(a) Directive Principles of State Policy (b) Fundamental Rights (c) Preamble (d) Seventh Schedule
Ans: (a)
Q2. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflect the principles and provisions of the Universal Declaration of Human Rights (1948)? (UPSC 2020)
• Directive Principles of State Policy
• Fundamental Duties
Select the correct answer using the code given below:
(a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3
Ans: (d)
Q3. With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct? (UPSC 2020)
• They shall be enforceable by courts.
• They shall not be enforceable by any court.
• The principles laid down in this part are to influence the making of laws by the State.
Select the correct answer using the code given below:
(a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only
Ans: (d)