Briefly the fundamental rights, Under the Constitution of India

 What are the fundamental rights guaranteed under the Constitution of India? Distinguish those from the Directive Principles of State Policy conceptually.

Distinguish fundamental rights and directive principles?

The fundamental rights are contained in Part-III of the Constitution. The original Constitution had seven fundamental rights but right to property was deleted from this list by 44th Constitution (Amendment) Act, 1978 and currently there are only six fundamental rights as follows-

1. Right to Equality- Articles 14-18

2. Right to Freedom- Articles 19-22

3. Right against Exploitation- Articles 23-24

4. Right to Freedom of Religion- Articles 25-28

5. Cultural and Educational Rights-Articles 29-30

6. Right to Constitutional Remedies- Articles 32

Some fundamental rights are available only to Indian citizens like Article 15,16,19 and 29 and remaining fundamental rights are available to all the persons.

Fundamental Rights and Directive Principles are essential elements of Indian Constitution. Fundamental Rights are given under Part III (Article 12-35) while Directive Principles are given under Part IV (Article 36-51) of the Indian Constitution.

Describing the importance of DPSP, Dr. Ambedkar said that “if any Government ignores them, they will certainly have to answer them before the electorate”.

The main difference between Fundamental Rights and Directive Principles is regarding justiciability. Fundamental Rights are enforceable by law, but Directive Principles are not enforceable by law.

Fundamental Rights are such rights which are essential for the overall development of human being but the Directive Principles are directives which are supposed to be applied by the Sates while framing any policy.

Following are distinction between these both:

i. The DPSP require to be implemented by Legislation, but, at the same time no existing Law or Legal Right can be violated under the colour of following a Directive.

ii. The Courts can declare any law as void on the ground that it contravenes any of the Fundamental Rights.

iii. The Courts are not competent to compel the Government to carry out any DPSP or to make any law for that purpose.

iv. The DPSP per se do not confer upon or take away any Legislative Power from the appropriate Legislature,

v. Although it is the duty of the State to implement the DPSP, yet the State can do so only subject to the limitation imposed by the Constitution itself i.e., Article 13(2) prohibits the State from making any law which takes away or abridges the Fundamental Rights conferred by Part III and the Directive Principles therefore cannot override this categorical limitation.

In Kesvananda Bharati v. State of Kerala AIR 1973 SC 1461, the Supreme Court held that ‘fundamental rights and directive principles aim at the same goal of bringing about a social revolution and establishment of a welfare State and they can be interpreted and applied together.

Justice Bhagawati in Minerva Mills Ltd. v. Union of India MR 1980 SC 1789 observed that ‘the Indian Constitution is founded on the bed-rock of the balance between Parts III & IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution.

This harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution. The goals set out in Part IV have to be achieved without the abrogation of the means provided for by Part III.

It is in this sense that Parts III & IV together constitute the core of our Constitution and combine to form its conscience.

Anything that destroys the balance between the two parts will ipso facto destroy an essential element of the basic structure of our Constitution”.