Fundamental Rights

Topics: United States Constitution, Law, Supreme Court of the United States Pages: 3 (904 words) Published: January 29, 2014
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or sex. They are enforceable by the courts, subject to specific restrictions. The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws. THE RELATIONSHIP BETWEEN DIRECTIVE PRINCIPLES AND FUNDAMENTAL RIGHTS

Fundamental Rights and Directive Principle are integral components of the same organic constitutional system and no conflict between them could have been intended by founding fathers. But the view of Supreme Court on the relationship between Fundamental Rights and Directive Principles have not been uniform throughout. There are three possible views on the relationship between Fundamental Rights and Directive Principles. The first view is that former are the superior to the latter and so the latter must give way to the former in case of repugnancy or irreconcilable conflict between the two. The second view is that Fundamental Rights and directive principle are equal in importance and hence , in case of conflict between the two an attempt must be made to harmonise them with each other. The view is that Directive Principles are superior to Fundamental Rights mainly because the constitution provide that the former are ‘fundamental in the governance of the country’ and it shall be the ‘duty’ of the state “to apply these principle in making laws” and the binding nature of law does not cease to be so merely because it can not be enforced. These different view regarding the relationship between Fundamental Rights and Directive Principles have been pronounced by the judiciary at different...
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