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What will prevail Fundamental Rights or DPSPs?

Fundamental Rights mentioned in Part III of Indian Constitution, should be in balance with DPSPs mentioned in Part IV of Indian Constitution. 


Are they essential for Democracy?


Yes, Fundamental Rights & Directive Principles of State Policies constitutes the principles of democratic nation which the State should endeavour to provide for citizens.


Absence of one will impact the working of healthy democracy. 


While Directive Principles of State Policies, ensures the welfare nature of the State, on the other hand, fundamental rights ensures the rights of citizens/People to access them without difficulties.


Our constitution makers highlighted the need for both Fundamental Rights and Directive Principles of State Policy, to ensure inclusive participation of people in the functioning of democracy.

FUNDAMENTAL RIGHTS AND DPSPs


They are not exclusionary, but are complementary to each other; Directive principles provide fou a guidance in interpretation of fundamental Rights of a citizen as also the statutory rights.


After Minerva Mills Case, The Top court said that there is no conflict between the Fundamental Rights and the Directive Principles of State Policy and they were complimentary of each other. There was no need to sacrifice one for the sake of the other. 

It was the view of Pandit Nehru where there was a conflict between the Fundamental Rights and Directive Principles the DPSP should prevail. It was the parliament which can go beyond the judicial. 

Top Court upheld the Fundamental rights because it is guaranteed by the constitution and is justifiable. 

Thus, to ensure "Sustainable Democracy" the provisions of Part III are to be interpreted having regard to the Preamble & Directive Principles in Part IV.

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