The relationship between Fundamental Rights and Directive Principles of State Policy in the Constitution of India is crucial and reflects the balance between individual liberties and the broader goals of social and economic justice. Here's an overview of these concepts:
Fundamental Rights:
Fundamental Rights are enshrined in Part III of the Constitution (Articles 12 to 35).
These rights are considered essential for the development
of the individual and guarantee civil liberties and freedoms.
They include rights to equality, freedom of speech, right against exploitation, freedom of religion, cultural and educational rights, right to property (though this has been amended), and the right to constitutional remedies (Article 32 for the Supreme Court and Article 226 for High Courts).
Directive Principles of State Policy:
Directive Principles are enshrined in Part IV of the Constitution (Articles 36 to 51).
They provide guidelines for the state to formulate policies and laws for the establishment of a just and welfare state.
These principles are non-justifiable, meaning that the courts cannot enforce them directly. However, they are fundamental in the governance of the country, and it is the duty of the state to apply these principles while making laws.
Harmonizing Fundamental Rights and Directive Principles:
The Constitution makers intended a harmonious construction between Fundamental Rights and Directive Principles.
While Fundamental Rights are enforceable through legal remedies (e.g., writs under Article 32), Directive Principles are not justifiable on their own.
However, the judiciary can consider the violation of Directive Principles while examining the constitutionality of laws. If a law violates both Fundamental Rights and Directive Principles, it may be declared unconstitutional.
Remedy under Article 32/Article 226:
The quoted statement you provided suggests that for a
court to intervene in an administrative order, the petitioner must not only
show a violation of Directive Principles but also demonstrate a violation of
their Fundamental Rights.
This highlights the need for a petitioner to establish a connection between the violation of Directive Principles and the infringement of their Fundamental Rights for the court to provide a remedy.
Evolution of Constitutional Law:
The interpretation of the Constitution has evolved over time through judicial decisions, and the courts have played a significant role in defining the interplay between Fundamental Rights and Directive Principles.
In summary, the Constitution of India aims for a balance between individual rights and the broader socio-economic goals, and the judiciary plays a vital role in interpreting and upholding these constitutional principles.
