Category / Constitutional Law

Fundamental Rights vs. Directive Principles: Striking the Balance

The Indian Constitution is a complex yet harmonious blend of enforceable rights and guiding principles. Fundamental Rights are sacrosanct and justiciable, while Directive Principles

Fundamental Rights vs. Directive Principles: Striking the Balance
Written By
Nisha Kapoor

Nisha Kapoor

Published On

16th May 2025

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About Nisha Kapoor:

Corporate Lawyer, Legal Advisor for Startups

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Introduction:

The Indian Constitution is a complex yet harmonious blend of enforceable rights and guiding principles. Fundamental Rights are sacrosanct and justiciable, while Directive Principles of State Policy (DPSPs) reflect the goals of a welfare state. The tension between these two often surfaces in judicial decisions and legislative debates.

1. Understanding the Basics

  • Fundamental Rights (Part III): Protect individual liberties against state action.
  • Directive Principles (Part IV): Provide guidelines for policy-making aimed at social and economic welfare.

2. Judicial Interpretation Over the Years

  • Minerva Mills v. Union of India reaffirmed the supremacy of Fundamental Rights but acknowledged the importance of DPSPs.

3. The Balancing Act in Practice

  • The legislature must craft laws that respect rights while promoting socio-economic development.

Conclusion:
India's democracy thrives on the careful balancing of rights and duties. A dynamic interpretation by courts helps maintain this equilibrium in an evolving society.

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