Q: What are the relationships between Fundamental Rights and Directive Principles of State Policy ?

Ans: The relationship between Fundamental Rights and Directive Principles of State Policy (DPSP) can be described as follows:


Complementary Nature


Fundamental Rights and DPSP are considered complementary to each other. While Fundamental Rights focus on individual rights and liberties, DPSP emphasises the goals and principles the state should strive to achieve in the social and economic spheres. Both sets of provisions aim to secure a just and equitable society.


Non-Justiciability of DPSP


Unlike Fundamental Rights, which are justiciable and can be enforced in courts, DPSPs are non-justiciable. This means that individuals cannot directly approach courts for their enforcement. However, DPSP provides guiding principles to the state in formulating policies and legislation.


Harmony and Harmonious Construction


The courts have emphasised the need for harmony between Fundamental Rights and DPSP. The Doctrine of Harmonious Construction guides the interpretation of constitutional provisions in a way that avoids conflicts between the two sets of rights and seeks to give effect to both as far as possible.


Subordination of DPSP


While Fundamental Rights enjoy higher legal protection, DPSPs are considered subordinate to Fundamental Rights. In a conflict between the two, the courts generally prioritise the protection of Fundamental Rights.


State Obligation


DPSP impose positive obligations on the state to promote social justice, welfare and equitable distribution of resources. The state is expected to take steps to implement DPSP over time, subject to its available resources and other considerations.


Progressive Realisation


DPSP are principles and goals that are gradually realised over time. The state is expected to make reasonable efforts to progressively fulfil these principles, considering its financial capacity and socio-economic conditions.

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