Constitutionally reconciling the Fundamental Rights with the Directive Principles of State Policy has led to frequent amendments of the Constitution and judicial interventions.” Comment.
The Indian Constitution embodies a unique blend of Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs). While FRs are justiciable, enforceable by courts, and primarily impose negative obligations on the state, DPSPs are non-justiciable, aspirational, and impose positive obligations on the state to achieve socio-economic justice. The inherent tension between these two sets of constitutional provisions has been a defining feature of India's constitutional journey, leading to frequent amendments and significant judicial interventions.
Initially, the judiciary, in cases like Champakam Dorairajan (1951), held that FRs were superior to DPSPs. This prompted Parliament to amend the Constitution (e.g., 1st, 4th, 17th Amendments) to give effect to certain DPSPs, particularly those related to land reforms, by curtailing the Right to Property. This legislative assertion of DPSP supremacy was challenged, leading to landmark judicial pronouncements.
The conflict escalated with cases like Golaknath (1967), where the Supreme Court ruled that Parliament could not amend Fundamental Rights. In response, Parliament passed the 24th and 25th Amendments, asserting its power to amend any part of the Constitution and giving precedence to certain DPSPs over FRs. This culminated in the historic Kesavananda Bharati case (1973), where the Supreme Court, while upholding Parliament's power to amend the Constitution, propounded the 'Basic Structure Doctrine'. This doctrine stipulated that Parliament could not alter the 'basic structure' or 'essential features' of the Constitution, thereby placing a limit on its amending power and safeguarding fundamental constitutional values, including many FRs.
Further attempts by Parliament to assert DPSP supremacy, notably through the 42nd Amendment (1976), which gave blanket precedence to all DPSPs over FRs, were struck down by the Supreme Court in Minerva Mills (1980). The Court reiterated that the harmony and balance between FRs and DPSPs is an essential feature of the basic structure. It emphasized that both are complementary and aim at achieving the goal of a welfare state.
This dynamic interplay has led to:
- Constitutional Amendments: Numerous amendments have been enacted to either expand the scope of FRs (e.g., Right to Education under Article 21A, inspired by Article 45) or to facilitate the implementation of DPSPs (e.g., land reforms, environmental protection).
- Judicial Interventions: The judiciary has actively interpreted and reconciled these provisions. Through judicial review and public interest litigation (PIL), it has expanded the scope of FRs to include aspects of DPSPs (e.g., right to livelihood, right to clean environment, right to health, right to education are read into Article 21). It has also issued directives to the state to implement DPSPs, thereby giving them indirect enforceability.
In conclusion, the constitutional reconciliation of Fundamental Rights and Directive Principles of State Policy has been a continuous process of negotiation between legislative intent and judicial interpretation. This ongoing dialogue has not only led to frequent constitutional amendments but also significantly shaped India's constitutional jurisprudence, ensuring a balance between individual liberties and the state's pursuit of socio-economic justice, ultimately strengthening the democratic and welfare character of the Indian state.