Directive Principles of State Policy
Anjan Dutta
(Querist) 14 March 2011
This query is : Resolved
What are the Directive Principles of State Policy which has converted to Fundamental Rights and Why?
Kiran Kumar
(Expert) 14 March 2011
your query is not properly posed....better go through Chapters III & IV of the constitution of India.
read a good commentary also.
s.subramanian
(Expert) 14 March 2011
directive principles of state policies are not fundamental rights.
Anjan Dutta
(Querist) 14 March 2011
Yes.. Sir I know that Directive Principles of State Policy are not Fundamental Rights.. But I found this question that
"What are the Directive Principles that were read into the Fundamental Rights".. Osmania University -2004.
H. S. Thukral
(Expert) 15 March 2011
Directive principles are to be read into fundamental rights for the interpretation. for example right to work as such is not a fundamental right but it has to be read with Art 21. similarly equal pay for men and women is not a fundamental right but it has to be read in to art 14.
Gulshan Tanwar
(Expert) 17 March 2011
Directive principles are positive rights whereas Fundamental Rights are negative rights;
Read the Preamble which says that India is Sovereign,Socialist, Secular, Democratic Republic -- Basic structure which is governing the country --- Paren Patriae "Welfare State" --- DP's into FR's.
Gulshan Tanwar
(Expert) 17 March 2011
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State.
These sections comprise a constitutional bill of rights for government policy-making and the behavior and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.
The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws.
The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV–A of the Constitution, concern individuals and the nation. Like the Directive Principles, they are not legally enforceable.
The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated from the Fundamental Rights conferred by Articles 14, 19 and 31. The application of this article was sought to be extended to all the Directive Principles by the 42nd Amendment in 1976, but the Supreme Court struck down the extension as void on the ground that it violated the basic structure of the Constitution.
The Fundamental Rights and Directive Principles have also been used together in forming the basis of legislation for social welfare.
The Supreme Court, after the judgment in the Kesavananda Bharati case, has adopted the view of the Fundamental Rights and Directive Principles being complementary to each other, each supplementing the other's role in aiming at the same goal of establishing a welfare state by means of social revolution.
Similarly, the Supreme Court has used the Fundamental Duties to uphold the Constitutional validity of statutes which seeks to promote the objects laid out in the Fundamental Duties.
These Duties have also been held to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law.
The Supreme Court has also issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties.
