‘Fundamental Rights and Directive Principles of State Policy are complementary to each other.’ Explain.

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Points to Remember:

  • Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs) are both enshrined in the Indian Constitution.
  • FRs are justiciable, meaning courts can enforce them. DPSPs are non-justiciable, meaning courts cannot directly enforce them.
  • Despite this difference, they are interconnected and complementary, aiming for a just and equitable society.
  • The relationship between FRs and DPSPs has evolved over time through judicial interpretation.

Introduction:

The Indian Constitution, a unique blend of liberal and socialist ideals, incorporates Fundamental Rights (FRs) in Part III and Directive Principles of State Policy (DPSPs) in Part IV. While FRs guarantee individual liberties and freedoms, DPSPs outline the socio-economic goals the state should strive to achieve. The relationship between these two seemingly disparate sections has been a subject of much debate and judicial scrutiny. The statement “Fundamental Rights and Directive Principles of State Policy are complementary to each other” highlights the interconnectedness and interdependence of these two crucial parts of the Constitution, working together towards a holistic vision of a just and equitable society.

Body:

1. The Complementary Nature of FRs and DPSPs:

FRs provide the individual with basic rights like freedom of speech, equality before the law, and right to life. These rights act as a safeguard against state oppression and ensure individual dignity. DPSPs, on the other hand, outline the state’s responsibility to create a just social order, including provisions for social security, education, and economic justice. They guide the state in its policy-making and legislative actions. The complementarity lies in the fact that the enjoyment of FRs is enhanced when the state actively works towards achieving the goals set out in the DPSPs. For example, the right to education (FR) is significantly strengthened by the state’s commitment to providing free and compulsory education (DPSP).

2. Judicial Interpretation and the Balancing Act:

The Supreme Court has played a crucial role in interpreting the relationship between FRs and DPSPs. Initially, there was a tendency to prioritize FRs over DPSPs due to their justiciable nature. However, over time, the Court has recognized the importance of DPSPs in shaping a just society and has attempted to harmonize them with FRs. The landmark case of State of Kerala v. N.M. Thomas (1976) exemplifies this approach, where the Court upheld the right to employment (a DPSP-related aspect) even if it slightly curtailed the right to freedom of contract (an FR). This demonstrates the Court’s evolving understanding of the complementary nature of both.

3. Examples of Interplay:

  • Right to Life (Article 21) and DPSPs related to social justice: The right to life is not merely the absence of death but encompasses a right to a dignified life. DPSPs concerning healthcare, education, and social security contribute significantly to realizing this right.
  • Right to Equality (Article 14) and DPSPs promoting social equality: While Article 14 guarantees equality before the law, DPSPs aim to eliminate social and economic inequalities, thereby creating a more meaningful equality. Positive discrimination through reservation policies (based on DPSPs) aims to achieve this goal.
  • Right to Freedom of Religion (Article 25-28) and DPSPs promoting secularism: While FRs guarantee religious freedom, DPSPs promote secularism and discourage religious discrimination, ensuring that religious freedom doesn’t lead to societal conflict.

Conclusion:

Fundamental Rights and Directive Principles of State Policy are not mutually exclusive but are complementary components of the Indian Constitution. While FRs guarantee individual liberties, DPSPs guide the state in creating a just and equitable society. Judicial interpretation has played a vital role in harmonizing these two, recognizing their interconnectedness. The ideal approach involves a balanced implementation of both, ensuring that individual freedoms are not compromised while striving towards the socio-economic goals outlined in the DPSPs. Moving forward, a holistic approach that prioritizes both individual rights and social justice, guided by constitutional values, is crucial for achieving sustainable and inclusive development. This requires a proactive role from the state in implementing DPSPs while upholding and protecting FRs, ensuring a truly just and equitable society for all citizens.

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