KANDE VENKATESH GUPTA
(Querist) 01 September 2008
This query is : Resolved
According to which theory, the process of reading directive principles of state policy, fundamental duties into fundamental rights, is justified?
Rajesh Kumar
(Expert) 09 September 2008
Normally directive principles of state policy is not justiciable, and hence no proceeding can be initiated directly to enforce those principles. Article 37 says that these principles are "fundamnetal in governance" of the country and it is "duty of the state" to apply these principles in "making laws". Courts are state. Judicial act is an act of governance. Supreme Court makes law under Article 141 of the Constitution. Thus, it is duty of the judiciary to aply these principles in the act of judicial intrepretation.
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