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The Inter-Relation between the Fundamental Rights And Directive Principles of State Policy under Indian Constitution
Author Name : Bitto
ABSTRACT
The Indian Constitution is considered as the longest written constitution all over the world. It was originally consisted 22 parts with 8 Schedules. The 3rd part of Indian Constitution consisted the Articles 12 to 35 which deals with the Fundamental Rights and part 4th which consisted the Articles 36 to 51 that deals with the Directive Principles of State Policy.An individual requires some basic rights to lead a meaningful life. Fundamental Rights are associated with inherent rights of citizens, because they are inheriting by birth. These kinds of rights are considered as basis rights for the survival. There is no discrimination made on the basis of religion, sex, caste, race, creed etc. If any individual person feels that his or her fundamental rights are being violated then he or she can directly approach to the court for the violations of fundamental rights. That’s why these rights are justifiable in nature so one can approach to the court if individual’s rights are fringed or violated. On the other hand, Directive Principles are considered as positive rights because they impose positive obligation upon the State. They are non-justifiable in nature because these are the guidelines imposed on state while making or formulation of policy. These principles assist the State to attain the Socio-economical objects. These are the fundamental guidelines for governance that the state is expected to apply in enacting and passing provisions or policies. Directive Principles are borrowed from the Irish Constitution.
Keywords: Fundamental Rights, Directive Principles, Harmonious Construction, Civil and Political Rights, Socio and Economic Rights.