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2. Historic Evolution

The genesis of both Fundamental Rights and Directive Principles lies in our struggle for freedom against the British rule. Our leaders realized the importance of political and civil rights of the individual, as being absolutely essential for the dignity of man and development of his full personality. At the same time, they were conscious that in the prevailing socioeconomic conditions in the country, only a miniscule fraction of people would be able to enjoy these civil and political rights.

The only solution for making these rights meaningful to them was to engineer the material conditions and bring in a new social order where socio-economic justice will inform all institutions of public life so that the preconditions of fundamental liberties for all may be secured. The national leaders, therefore, laid the greatest stress on the necessity of bringing about socio-economic regeneration and ensuring social and economic justice.

One of the challenges that the framers of the Constitution faced while framing provisions relating to Fundamental Rights was to classify rights on the basis of their justiciability. In this regard, the Sapru committee appointed by the “All Party Conference” in 1944 submitted its report in 1945. Similarly, B.N. Rau, the Constitutional Advisor to the Constituent Assembly also recommended similar classification of the rights of an individual. The Constituent assembly drew from its recommendations in formulating fundamental rights and other rights in Indian constitution.

The committee suggested two categories of rights – justiciable and non-justiciable. The former are found as Fundamental Rights and other rights in the Indian constitution. The latter are mentioned in Part IV of the constitution as DPSP’s, which are largely in the nature of “instrument of instructions” to the government in making appropriate policies of socio- economic change.