Q. With reference to ‘Fundamental Rights and Directive Principles of State Policy (DPSP)’, consider the following statements:
1. DPSPs promote the welfare of the community, whereas Fundamental Rights promote the welfare of the individuals, in general.
2. Unlike in case of violation of Fundamental rights, the courts cannot declare a law violative of any of the DPSPs as unconstitutional.
Which of the statements given above is/are correct?
Exp) Option c is the correct answer.
Statement 1 is correct: DPSPs are guidelines and principles that are aimed at promoting the social, economic, and political welfare of the community as a whole. On the other hand, FRs are guaranteed to every individual by the Constitution of India. The aim of FRs is to protect the individual liberties and freedoms of the citizens and to ensure social, economic, and political justice.
Statement 2 is correct: Courts can exercise the power of judicial review and can declare any law or executive action that violates FRs as unconstitutional and void. However, if a law violates any of the DPSPs, a citizen cannot approach the courts and seek redressal for the violation. The courts cannot declare a law violative of any of the DPSPs as unconstitutional and void.
| Important Tips Important Cases related to the conflict between Fundamental Rights and DPSPs • Champakam Dorairajan case (1951): SC ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail. • Golaknath case (1967): SC ruled that Fundamental Rights could not be amended by the Parliament even for implementation of Directive Principles. • Kesavananda Bharati case (1973): SC ruled that Parliament can amend any part of the Constitution, but it cannot alter its “Basic Structure”. • Minerva Mills v the Union of India (1980): Constitution is founded on the bedrock of balance between FR and DPSP. |
