Answer:

In the words of Granville Austin, ‘Directive Principles (DPs) and Fundamental Rights (FRs) are the conscience of the Indian Constitution.’ While FRs ensure minimum basic rights to ensure a dignified life to citizens, DPs are considered fundamental in the governance of the country as it seeks to establish economic and social democracy.

In the Kesavananda Bharati Case, 1973 the Supreme Court highlighted the importance of Directive Principles as:

♤ They contain the basic philosophy of the Constitution which needs to be reflected in the government policies and laws made by the Parliament.

♤ Unlike Fundamental Rights, these principles do not put any limitations on the powers of the state.

♤ It covers almost every section of society. For example – children, women, old age, disabled, scheduled caste and scheduled tribes, and therefore helps in the establishment of a welfare state.

♤ It also provides a list of areas of governance to be considered. For example - free legal aid, workers participation, and equal pay for equal work, environment protection and uniform civil code.

However, the Supreme Court in Minerva Mills case, 1980 held that absolute primacy to one over other disturbs the harmony of the Indian Constitution. The role of the fundamental rights is also crucial as they:

♤ Are essential for holistic development of individuals as it provides necessary conditions for material and moral protection of man. For e.g. right to freedom of religion, right against exploitation etc.

♤ Help in the establishment of the rule of law. For e.g. right to constitutional remedies.

♤ Serve as formidable bulwark of individual liberty. For e.g. right to life and personal liberty (article 21).

♤ Protect the interests of minorities and weaker sections of society (article 29 to 31).

♤ Act as limitations on the executive and the legislature and prevent it from becoming autocratic.

♤ Unlike DPs which have moral and political sanctions, the FRs are justiciable and do not require any legislation for their implementation.

Hence, both have similar objectives and a balance between the two is necessary to realize the vision of a welfare state and in pursuance of this the Supreme Court also held that it is the balance between DPSPs and FRs that constitutes the basic structure and not any one of them separately.