Fundamental Rights And Directive Principles: Inter-Relationship And Recent Trends

Archisa Ratn, National Law University, Jodhpur

Ashna Vashist, National Law University, Jodhpur

ABSTRACT

This project explores the intricate inter-relationship between Fundamental Rights and Directive Principles of State Policy within the framework of the Indian Constitution. In the firstpart, we have analyzed court judgments that have dealt with the question of primacy between these two constitutional pillars. We trace the evolution of these judgments and observe how the doctrine of harmonious construction has emerged as a pivotal tool in reconciling potential conflicts between fundamental rights and directive principles.

The second part of our project examines contemporary trends in the relationship between PartIII (Fundamental Rights) and Part IV (Directive Principles of State Policy) of the Indian Constitution. We analyze recent developments and shifts in how these constitutional provisionsinteract, influence legal interpretations, and impact court decisions.

In our final part, we delve into the practical implementation of Directive Principles of State Policy in legislative domains through laws and amendments, including their incorporation into Part III. We also explore how directive principles have played a significant role in interpretingfundamental rights in the context of court decisions.

This project sheds light on the evolving dynamics and the intricate balance that exists betweenfundamental rights and directive principles, showcasing the importance of harmonious construction as a guiding principle in the Indian constitutional framework.