Topic Details (Notes format)

Conflict Between Fundamental Rights and Directive Principles

Subject: Polity

Description

Conflict Between Fundamental Rights and Directive Principles

There have been instances where the enforceable Fundamental Rights (Part III) appear to be in tension with the non-justiciable Directive Principles (Part IV). While Fundamental Rights provide a basis for judicial redress, the Directive Principles are meant to guide long-term policy without direct enforcement.

The Supreme Court of India has, in various judgments, attempted to harmonize these two sets of provisions by emphasizing that they are complementary parts of the constitutional scheme. However, the inherent difference in enforceability continues to present challenges in balancing individual rights with broader social objectives.

Summary

Discusses the inherent tensions between Fundamental Rights and Directive Principles and how the judiciary seeks to reconcile them.