The Constitution expressly makes fundamental rights enforceable, while “Directive Principles of State Policy” (DPSP) are regarded as goals that the state is expected to work towards. In this context, discuss the tension between Fundamental rights and DPSP.
Kartavya Desk Staff
Topic: Indian Constitution and its features
Topic: Indian Constitution and its features
Q4. The Constitution expressly makes fundamental rights enforceable, while “Directive Principles of State Policy” (DPSP) are regarded as goals that the state is expected to work towards. In this context, discuss the tension between Fundamental rights and DPSP. (15M)
- •*Difficulty level: Moderate
- •Reference: Insights on India *
Why the question: The question is part of the static syllabus of GS-paper 2. Key Demand of the Question: Discuss the tension between Fundamental Rights and Directive Principles of State Policy (DPSP) in the Indian Constitution. Directive: Discuss- describe key differences between Fundamental rights and DPSP and present an analysis of how conflicts arise between them. Structure of the Answer: Introduction : Briefly define Fundamental Rights and Directive Principles of State Policy (DPSP). State their significance in the Indian Constitution. Body: First part: Key differences between Fundamental rights and DPSP Second part: Tension Between Fundamental Rights and DPSP Article 39 (a) and 39 (b), Minerva Mills case Conflict Examples: Case law where Fundamental Rights were in conflict with DPSP (e.g., Kesavananda Bharati case). Instances where state policies influenced by DPSP were challenged on grounds of infringing Fundamental Rights. Third part: Resolution Mechanisms Constitutional provisions for reconciliation (e.g., the balance between Fundamental Rights and DPSP as interpreted by the judiciary). Role of the judiciary in interpreting and harmonizing the two. Conclusion: Emphasize the need for a balanced approach to ensure both Fundamental Rights and DPSP are respected.
Why the question:
The question is part of the static syllabus of GS-paper 2.
Key Demand of the Question:
Discuss the tension between Fundamental Rights and Directive Principles of State Policy (DPSP) in the Indian Constitution.
Directive:
Discuss- describe key differences between Fundamental rights and DPSP and present an analysis of how conflicts arise between them.
Structure of the Answer:
Introduction :
Briefly define Fundamental Rights and Directive Principles of State Policy (DPSP). State their significance in the Indian Constitution.
First part: Key differences between Fundamental rights and DPSP
Second part: Tension Between Fundamental Rights and DPSP
Article 39 (a) and 39 (b), Minerva Mills case
Conflict Examples: Case law where Fundamental Rights were in conflict with DPSP (e.g., Kesavananda Bharati case).
Instances where state policies influenced by DPSP were challenged on grounds of infringing Fundamental Rights.
Third part: Resolution Mechanisms
Constitutional provisions for reconciliation (e.g., the balance between Fundamental Rights and DPSP as interpreted by the judiciary).
Role of the judiciary in interpreting and harmonizing the two.
Conclusion:
Emphasize the need for a balanced approach to ensure both Fundamental Rights and DPSP are respected.