Fundamental Rights and Directive Principles of State Policy in India:

I remember reading in a Central Government library in the mid-nineties about the remedy of Fundamental Rights in the Constitution of India, for violation of any provision under the Directive Principles of State Policy.

It is stated as quoted below,

"The Court will not interfere into an administrative order; however erroneous, if not challenged on the grounds of contravention of Fundamental Rights."

It is further explained that in making a case under Article 32/Article 226 of the Constitution of India, it is incumbent upon the petitioner not only to prove that any provision under the Directive Principles of State Policy has been violated but also to prove that his Fundamental Rights have been violated.

Seven main Fundamental Rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.

The Constitution lays down certain Directive Principles of State Policy, which though not justifiable, are 'fundamental in governance of the country', and it is the duty of the State to apply these principles in making laws.

Wherein, the guiding principles of state policy stipulate that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice-social, economic and political-shall form in all institutions of national life.

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