The stages through which the present position of Directive principle vis-a-vis the Fundamental Right has emerged

ADVERTISEMENTS:

The enumeration of the Directive Principles of state policy under part IV of the Constitution Covering Articles 36 to 51 forms a unique features of the Indian Constitution.

They are a unique blend of socialistic, Liberal Democratic and Gandhi an Principles.

As the Constitutional Provisions reveal the Fundamental Rights enumerated under part III in a court of Law, while the

ADVERTISEMENTS:

Directive Principles under Part IV are not Justiciable.

But however through successive amendments and greater emphasis being laid on Directive Principles its significance has increased over a period of time.

In 1971, Parliament passed the 25th Amendment Act. It introduced new article 31 (c) Stating if the state exacts any law giving effect to two Directive Principles, namely equitable distribution of wealth Art. 39 (b) and prevention of Concentration of wealth in fewer hands Art. 39 (c) and in that Process if the law Violates the fundamental rights enumerated in Art 14,19 and 31 , it cannot be held void nearly on this ground. Art. 31 (c) further states that such a law giving effect to Art. 39 (b) and (c) cannot be questioned in a court of law.

The 42nd Amendment Act 1976, Further amended Art 31-c, and widened its scope, and gave precedence for all the Directive principles over Art. 14, 19 and 31. Art. 31-c as amended by the 42nd Amendment Act 1976, empowered the state to make lays giving effect to all the Directive principles and in doing so the law can Thus the law made to this effect were made immune override Art. 14,19 and 31. from judicial Review.

ADVERTISEMENTS:

Hence the present position is that only Article 31 (b) and 31 (c) can be given Precedence over Art 14 and 19 and not all Directive principles. To sum up, the Directive principles importance visa-vis to Fundamental Rights, to quote Nehru, “Point out the way we have got to travel”. These principle represent remarkable and fundamental blue print of a liberal welfare state.

Web Analytics Made Easy -
StatCounter
Kata Mutiara Kata Kata Mutiara Kata Kata Lucu Kata Mutiara Makanan Sehat Resep Masakan Kata Motivasi obat perangsang wanita