Fundamental Rights vs DPSP Landmark Judgments of Supreme Court of India

In Indian Constitution part 3 is about Fundamental Rights which are justiciable in the Supreme Court as well as in High Courts on the other side part 4 of the Constitution is about directive principles of state policy which are fundamental for the governance of the country, with the ideals which state has to achieve in future.  In last more than 7 decades, court has faced many times, the conflict between fundamental rights vs DPSP. As parliament legislates to achieve the goal of Directive Principle and to do so sometime fundamental rights are violated. Which results in challenge in Supreme Court as fundamental rights when violated, one can approach the constitutional courts. Various judgments on this issue have been delivered by the Supreme Court of India. In initial days of our republic, Supreme Court of India while adjudicating gave primacy to Fundamental rights. Specially in initial few decades right to property was one most contentious issue between legislature and constitutional courts (Supreme Court as well High Courts). While moving ahead court as come to the conclusion that Fundamental Rights as well as Directive Principles are equally important. Here are some judgments which in relation to FR vs DPSP issue.

Fundamental Rights vs DPSP Landmark Judgments of Supreme Court of India:

  • State of Madras vs Champakam Dorairajan Case
  • In Re - The Kerala Education Bill Case
  • I. C. Golaknath vs State of Punjab
  • Kesavananda Bharati vs State of Kerala
  • Minerva Mills Ltd vs Union of India
  • Waman Rao vs Union of India

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