Munira Bharmal, United World School of Law
Introduction
The judicial approach reflecting a new trend in interpreting the relationship between Parts III and IV is developed by the Supreme Court. The changed approach is developed by a new judicial technique of construing the provisions contained in Part III of the Constitution. The technique was of giving fundamental rights wider content with the help of the concepts contained in directive principles. The Court started construing fundamental rights by reading them in the light of the constitutional guidelines for legislation contained in the directives. The Court so engaged itself in an act of creativity by a more progressive interpretation of the law through adoption of new judicial technique. In this process, the Court infused the concept of social justice into fundamental rights and gave a go by to the earlier view that they contained only individual rights. The change in the judicial approach will be clear from the decisions dealing with the construction of the constitutional provisions relating to the concepts of equality and the right of life. The right to equality is contained in Articles 141 and further explained by Articles 152 to 183 and the concept of right to life is contained in Article 214. Some facets of these two concepts are discernible in different provisions contained in Part IV. Facets of the concept of equality are perceivable in Articles 385, 39 (a), (b), (c) and (d)6, 437,44 8and 469. Similarly, some of the basic requirements of decent human right to life can be seen in Articles 39A,10 41,11 42,124313, 4514 and 4715. An examination of the cases dealing with these two concepts reveal how the Supreme Court explained fundamental rights in the light of social justice by reading directive principles into them.
