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Report No. 46

15. Relationship between Directive Principles and Fundamental Rights.-

In the two decades after the Constitution was passed, the inter-relation between the Directive Principles and Fundamental Rights has been often been considered by the Supreme Court. The Directive Principles enshrined in Part IV are, in terms, declared to?)b non-justiciable and yet, Article 37, which makes this declaration, emphatically ack4 that the said principles are nevertheless fundamental in the governance of the country and it ordains that it shall be the duty of the State to apply these principles in making laws.

Broadly stated, in its judgments, the Supreme Court has often treated the Directive Principles as relevant in dealing with the question as to whether invasion of fundamental rights alleged to be involved in the provisions of any impugned statute is reasonable and is for public good or not. But, whenever there appeared to be. a clear conflict between one or more of the Directive Principles on the one hand, and the fundamental rights on the other, the Court invariably held that the fundamental rights must prevail over the Directive Principles.



The Constitution (Twenty-Fifth Amendment) Bill, 1971 Back




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