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Showing posts from September 23, 2011

Q. Which one between the Fundamental Rights and the Directive Principles of State Policy enjoys the position of priority?

Q. Which one between the Fundamental Rights and the Directive Principles of State Policy enjoys the position of priority?
Ans. In a situation of conflict between the Fundamental Rights (Part Ill) and the Directive Principles of State Policy (Part IV); it becomes a debatable points as to which one should get priority over the other. In 1951, the Supreme Court in State of Madras Vs. Champakam Dorai- rajan case, upheld that in case of contradiction between the provisions of Part Ill and that of Part IV, the former (Fundamental Rights) shall prevail. In another Case related to Kerala Education Bill, 1957, the court declared that the Directive Principles of State Policy cannot get priority over the Fundamental Rights, yet the Directive Principles cannot be ignored totally. In this respect a new Article 31(c) was added in 1971 by 25th Constitutional Amendment which gives priority to the Directive Principles of State Policy in specific situations. It provides that no law giving effect to the …