Question Q.3GS2GS2

Fundamental Rights and Directive Principles of State Policy collectively form the conscience of the Constitution, yet they are outwardly distinguished from each other. Comment.

Introduction

The nature of fundamental rights under Part 3 of the constitution differs from the Directive Principles of State Policy [Part 4] yet they are complementary.

25 words

Main Body

FRs and DPSPs form the conscience of the constitution. 1) Keshavananda Bharati case: DPSPs and FRs ought to supplement each other * DPSPs provide the goals to be achieved by the state while FRs represent the means to achieve them (i.e. through liberty, equality, dignity etc.) 2) Minerva Mills case – The Constitution is found on the bedrock of balance between Parts 3 and 4 3) Unnikrishan v. State of Andhra Pradesh – FRs and DPSPs are supplementary and complementary to each other * FR should always be interpreted having regards to DPSP and Preamble;

4Granville Austin has called FR and DPSP 'conscience of the constitution' because both are on same level; 5) In case of a conflict, it is courts' responsibility to interpret them harmoniously (principle of harmonious construction - Minerva Mills case); 6) Article 21 acts as a bridge between the FR and DPSP, where via creative interpretation judiciary has enforced certain DPSPs. [E.g. Rt. to privacy, clean environment] Despite forming conscience of the Constitution, FR and DPSPs are distinguished: Fundamental Rights | Directive Principles of State Policy 2) one justiciable (art.18 and 12) | are nonjusticiable (art.37) 3) are in force by own | required legislation for their implementation 4) laws will be set aside on the ground of inconsistency with FRs. (Art.13) | cannot declare a law void for the contravention of DPSPs 5) Political rights | socio-economic rights. Based on the creative interpretation and the harmonious construction principle, the courts should try for giving harmonious effect to FR and DPSP.

— RISHABH YADAV · AIR 132

256 words1 paragraphs

Conclusion

Based on the creative interpretation and the harmonious construction principle, the courts should try for giving harmonious effect to FR and DPSP.

22 words

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RISHABH YADAV

AIR 1322025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Directives Principles of State Policy

Relationship between Fundamental Rights and DPSPs

Writing Stats

303

Total words

Paragraphs

analytical with structured comparison

Tone

Linked PYQ

Q7 (b) “Job analysis is mainly and essentially a data collection process. ” Considering this statement, elaborate the different methods of data collection. Compare Position Analysis Questionnaire (PAQ) with Management Position Description Questionnaire (MPDQ).

2020