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Harmony And Conflict Between Fundamental Rights And Directive Principles: A Constitutional Balance




Shreya Mondal, LL.B., Sister Nivedita University


ABSTRACT


This study highlights the shift from conflict to harmony in the interaction between the Indian Constitution's Directive Principles of State Policy (DPSPs) and Fundamental Rights (FRs). As demonstrated in State of Madras v. Champakam Dorairajan, when the Supreme Court ruled that DPSPs could not supersede enforceable rights, FRs were first granted precedence. However, this strict approach made it difficult for the State to carry out socioeconomic reforms meant to achieve welfare and equality. This relationship changed over time as a result of judicial interpretation and constitutional revisions. The Doctrine of Basic Structure was established by the historic ruling in Kesavananda Bharati v. State of Kerala, which restricted Parliament's ability to modify the Constitution and emphasized the importance of striking a balance between FRs and DPSPs. In Minerva Mills v. Union of India, the Court further reaffirmed this, ruling that harmony between FRs and DPSPs is a fundamental aspect of the Constitution. The report also emphasizes how DPSPs are increasingly helping to broaden the definition of fundamental rights, especially under Article 21, where courts have acknowledged the rights to a clean environment, livelihood, health and education. Despite these advancements, conflicts still exist in areas like economic regulation and reservation regulations, necessitating judicial balance using concepts like proportionality and reasonableness. In the end, the study comes to the conclusion that FRs and DPSPs are interdependent and complementary. When taken as a whole, they allow the Constitution to be a dynamic, living instrument that guides India toward a just and equitable society by striking a balance between individual liberty and the welfare of the community.


Keywords: Fundamental Rights (FRs), Directive Principles of State Policy (DPSPs), Doctrine of Basic Structure, Constitutional Harmony, Judicial Interpretation, Socioeconomic Justice



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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