Sr.No.
|
Milestone
|
Description
|
1.
|
Champakam Dorairajan Case
(1951)
|
Supreme Court (SC) in its verdict
said that in case of conflict between Fundamental Rights and
Directive Principles, Fundamental Rights would always prevail. It also
said that Directive principles have to work as a supplement with
Fundamental rights & Parliament can’t amend Fundamental Rights
|
2.
|
Golaknath Case (1967)
|
SC in it’s verdict said Parliament
can’t amend Fundamental Rights to give effect to the Directive
Principles
|
3.
|
24th Amendment Act, 1971
|
It was done in reaction to
Golaknath Case judgement. It declared that Parliament has the right
to amend the Fundamental Right by use of Constitutional Amendment
|
4.
|
25th Amendment Act, 1971
|
It was done in reaction to
Golaknath Case judgement. It inserted a new Article 31c which
contained the following two provisions: i) No law which gives effect to
the directive principles can be declared invalid
and unconstitutional on the grounds that it is violating
fundamental rights namely Article 14 (equality before law and equal
protection of laws), Article 19(protection of six rights in respect
of speech, assembly, movement, etc) & Article 31(right to
property). ii)No law containing a declaration for giving effect to
such policy shall be questioned in any court on the ground that it does
not give effect to such a policy.
Note: Remember, Right to Property was a fundamental right at this time. |
5.
|
Kesavananda Bharti Case
(1973) |
SC in its verdict held that the
second provision mentioned in the Article 31c is invalid &
unconstitutional as it is taking away the power of court for judicial
review. However, first provision of Article 31c is valid &
constitutional.
|
6.
|
42nd Amendment
Act, 1976
|
Position of Directive Principles
was made superior to Fundamental Rights
|
7.
|
Minerva Mills Case (1980)
|
SC in its decision declared that
Directive Principles are subordinate to Fundamental Rights. But
position of Fundamental Rights under Article 14 & Article 19 were
made subordinate to Directive Principles. SC also said that Constitution
demands to maintain balance between the Fundamental Rights &
Directive principles. To give absolute primacy to one over the other is
to disturb the harmony of the Constitution. Note: Right to property
(Article 31 – a fundamental right) was abolished by 44th Amendment
Act (1978)
|
8.
|
Present Position
|
For now Fundamental Rights
enjoy supremacy over Directive Principles (except Article 14 &
Article 19). Parliament is entitled to amend Fundamental Right to
give effect to the Directive Principles as long as it does not give effect
to the basic structure of the constitution.
Courtesy of; Taken from:
www.erewise.com/current-affairs/directive-principles-of-state-policy_art53202097534ad.html#.V3EwFhKm0qE
|
Monday, June 27, 2016
Case Laws: Fundamental Rights Vs. DPSP
Wednesday, June 22, 2016
Case laws on DPSP
Dear All,
While we discussed the various aspects of the DPSP, I felt it of essence to look into the position taken by the Supreme Court / High Court..I am providing with the links of some cases for your reference:
1. Ranjan Dwivedi Vs. Union of India - (Art. 39-A, the social objective of equal justice and free legal aid has to be implemented by suitable legislation or by formulating schemes for free legal aid. [986 C-E]) Available at: https://indiankanoon.org/doc/1693007
While we discussed the various aspects of the DPSP, I felt it of essence to look into the position taken by the Supreme Court / High Court..I am providing with the links of some cases for your reference:
1. Ranjan Dwivedi Vs. Union of India - (Art. 39-A, the social objective of equal justice and free legal aid has to be implemented by suitable legislation or by formulating schemes for free legal aid. [986 C-E]) Available at: https://indiankanoon.org/doc/1693007
2. Miss Mohini Jain vs State Of Karnataka And Ors on 30 July, 1992 (Article 41, Right to Education) Available at: https://indiankanoon.org/docfragment/40715/?formInput=Article%2041
Contribute more cases to develop a repository.
You can give a link of the case so that all of can learn more..
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