Articles from General Knowledge Today
Conflict between Fundamental Rights and Directive Principles of State Policy 2013-03-10 17:03:43 GKToday
The important question is where there is a conflict between the fundamental rights and directive principles, which should prevail? The Fundamental Rights are the rights of the individual citizens guaranteed by the Constitution. The directive principles lay down various tenets of a welfare state. The conflict arises when the State needs to implement a directive principle and it infringes/ abridges the fundamental rights of the citizens. The chapters on the fundamental rights & DPSP were added in order of part III and part IV of the constitution. The Fundamental rights are justifiable and guaranteed by the constitution. The Directive principles were directives to the state and government machinery. But they are not enforceable, by the law. Champakam Dorairajan Case This conflict between Fundamental Rights and DPSP came to the Supreme Court for the first time in Champakam Dorairajan Case (1952). Smt Champakam Dorairajan was a woman from the State of Madras. In 1951, she was not admitted to a medical college because of a Communal G.O. (Government Order) which had provided caste based reservation in government jobs and college seats. This GO was passed in 1927 in the Madras Presidency. Champakam Dorairajan Case was a first major verdict of the Supreme Court on the issue of Reservation. Champakam Dorairajan Case led to the First amendment of Indian Constitution. This was the case, which when was in Supreme Court; the Lok Sabha was not formed. Lok Sabha was formed in 1952. The conflict was between article 16(2) from the chapter of Fundamental Rights and Article 46 of the Constitution. Article 16(2) says that : No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State....
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