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Report No. 46

21. Paramount obligation of the State.-

In this connection, it is necessary to remember that fundamental rights enshrined in Part III are conferred on citizens, while Directive Principles enumerated in Part IV amount to paramount obligations imposed on the State. That being so, a positive provision made for the purpose of securing implementation of said principles cannot in the very nature of things be treated as fundamental rights. In fact, such a positive provision would, for instance, amount to regulation or control of the citizens' right to property guaranteed by Article 19(1)(f). While considering the question about the form which the provisions of clause 3 should adopt, this aspect of the matter must be borne in mind.



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




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