google.com, pub-1675275063806243, DIRECT, f08c47fec0942fa0 INDIAN POLITY AND INDIAN HISTORY : Difference between Fundamental Rights and Directive Principles

Wednesday, 18 February 2015

Difference between Fundamental Rights and Directive Principles

Fundamental rights constitute limitations upon State action, while the Directive Principles are instruments of instruction to the Government.

The directives require to be implemented by legislation while fundamental rights are already provided in the Constitution.

The directives are not enforceable in the Courts and do not create any Justifiable rights in favour of the individuals, while the Fundamental Rights are enforceable by the Courts {Ref: Arts. 32, 37, 26 (1) }
In case of any conflict between fundamental rights and directive principles the former should prevail in the Courts.

42nd Amendment Act ensured that though the directives themselves are not directly enforceable it would be totally immune from unconstitutionality on the ground of contravention of the fundamental rights conferred by Arts. 14 and 19. 

This attempt to confer a primacy upon the directives against the fundamental right was foiled by the decision of the Supreme Court in Minerva Mills Case to the effect that a law would be protected by art.31C only if it has been made to implement the directive in Art.39 (b) - (c) and not of the other Directives included in Part IV.

Directives provided outside part IV of the Constitution

State and every local authority within the state to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups. {Ref: Art350 A}
Union to promote spread of Hindu language and to develop it as a medium of expression of all the elements of the composite culture of India. (Ref: Art 351.}

The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointment to services and posts in connection with the affairs of the union or a state. {Ref: Art 335}

Though the Directives contained in Arts. 335, 350A and 351 are not included in Part IV; Courts have given similar attention to them meaning that all parts of the Constitution should be read together.

No comments:

Post a Comment