DIRECTIVE PRINCIPLES OF STATE POLITY (DPSP)


1.   Picked from – the concept of DPSP has been picked from Ireland.

2.   Some Statements Related to DPSP-

1. DPSP forms the conscience of the constitution.

2. DPSP are the life-giving provisions.

3. DPSP are such that if enforced India would become a heaven on the earth – JUSTICE M.C. CHAGLA.

4. DPSP is like a cheque on the bank, which is payable only if the resources of the bank permit – K.T. SHAH.

5. DPSP is nothing better than the New Year resolution which is broken on the 2nd of January itself – NASEERUDDIN.

6. DPSP is a dustbin of emotions – T.T. KRISHNAMCHARI.

 

3.   CONFLICT BEGTWEEN DPSP & FUNDAMENTAL RIGHTS

EARLIER TREND 

PRESENT TREND

1. Champakam Dorairajan v. State of Madras

DPSP are subsidiary to fundamental rights and must conform to the fundamental rights.

1. Keshavanand Bharti v. State of Kerala

DPSP and fundamental rights are complementary and supplementary to each other. If fundamental rights are the goals to be achieved, DPSP is the means to achieve, and DPSP is the means to achieve that goal.

2. Golaknath v. state of Punjab

The Fundamental Rights cannot be amended to give effect to DPSP.

2. Minerva Mills v. Union of India

The constitution is founded on the bedrock of balance DPSP and fundamental rights. To give absolute primacy to one over the other would disturb that balance and this balance is a part of the basic structure of the constitution.

3. Hence, the earlier trend was to give precedence to fundamental rights over DPSP.

3. The present trend is to give equal importance to DPSP and to keep it on the same pedestal as fundamental rights.

Location: Delhi, India

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