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.
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