Relationship Between Fundamental Rights and Directive Principles in Indian Constitution

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

The relationship between Fundamental Rights (FRs) and Directive Principles (DPs) has been a matter of great debate and scrutiny since the commencement of the Constitution itself. The major difference between FRs (contained in Part III of the Constitution) and DPs (contained in Part IV of the Constitution) is that while FRs are justiciable, DPs are non-justiciable. Article 37 of the Constitution declares that the DPs are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. However, the same Article expressly provides that the DPs shall not be enforceable by any Court. Thus, though the Directive under Article 43 enjoins the state to secure a living wage to all workers, no worker can secure a living wage by means of an action in a Court, so long as it is not implemented by appropriate legislation. On the other hand, Article 32 provides that the right to move the Supreme Court by appropriate proceedings for the enforcement of FRs is guaranteed. In other words, Courts are bound to declare as void any law that is inconsistent with the FRs but the same cannot be said to hold true about the DPs.

The relationship between FRs and DPs has been shaped by a chain of Supreme Court observations and decisions and Constitution amendments. In State of Madras v. Champakam (1951), the Supreme Court observed that the DPs of the State Policy, which by Article 37 have been made unenforceable by Courts, cannot override the provisions found in Part III and have to conform and run as subsidiary to the Chapter on Fundamental Rights. In that case it was held that in case of any conflict between FRs and DPs, the former would prevail.

However, in Kerala Education Bill reference (1957), the Supreme Court observed that though the DPs cannot override the FRs, nevertheless, in determining the scope and ambit of FRs the court may not entirely ignore the...