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1. |
Explain the relationship between fundamental rights and directive principles |
Answer» The Indian Bill of Rights has been included in Part III of the Constitution. It lays down the foundation of political democracy in the country. But political democracy is hollow if it is not accompanied by economic democracy. A fullness and starvation cannot go together. Part IV of the Constitution deals with the Directive Principles. The aim of the Directive Principles is to establish a welfare state. The Fundamental Rights and the Directive Principles are distinct entities in an integrated system. The system is aimed at individual liberty in a welfare state. The rights are guaranteed to the individual. The Directive Principles are the instructions to the state.There are some essential points of differences between the two are as:\tFundamental rights constitute limitations upon State action, while the Directive Principles are instruments of instruction to the Government.\tThe directives require to be implemented by legislation while fundamental rights are already provided in the Constitution.\tThe Directives are not enforceable in the Courts and do not create any justiciable rights in favor of the individuals, while the Fundamental Rights are enforceable by the Courts.\tIn case of any conflict between the fundamental rights and the directive principles, the former should prevail in the Courts. | |