The relationship between the fundamental rights, directive principles and fundamental duties are as follows:
- In cases where there was a conflict between the constitutional validity of the legislation with the fundamental rights, then the Directive Principle of State Policy have been used to uphold the constitutional validity of such legislation.
- The 25th amendment in 1871 added Article 31 C which states that any law enforced which was to give effect to the directive principles that were provided in Article 39 (b) (c) would not be held invalid on the grounds that they derogated from the fundamental rights that are present in the Article 14,19 and 31 of the Indian Constitution.
- The 42nd amendment proposes that Article 31C should be made applicable to all the Directive Principles. But the Supreme Court struck down this suggestion as it violates the basic structure of the Indian Constitution. For forming the basis of the legislation related to social welfare the fundamental rights and the directive principles have been used together.
- The Supreme Court of India after the Keshvananda Bharti case adopted a view that fundamental rights and directive principles are not only complementary to each other but they both supplement each other by providing some goals to establish a welfare state by the means of social revolution.
- The Supreme Court has also upheld the constitutional validity of various statutes which promote the objects that were laid down in the fundamental duties.
- These duties are not only obligatory for all the citizens, but the Court can enforce them by making various laws. For this the Supreme Court has already given direction to the state in order to ensure effective implementation of these duties.
- Fundamental duties are not enforceable through court but fundamental rights are enforceable through the Supreme Court under Article 32 of the Constitution and the High Court has the power to issue writs for the enforcement of the fundamental rights under Article 226.
- The fundamental duties and the directive principles of the state policy that are provided in Part IV of the Indian Constitution are taken into account by the Courts while interpreting the fundamental rights or any restrictions that are imposed on such rights.
- The court in the case of Javed vs State of Haryana held that the fundamental rights have to be read with fundamental duties which are provided in Article 51A of the Indian Constitution and with the directive principles of the state policy that are provided in Part IV of the Constitution. They cannot be read in isolation.
- In the State of Gujrat vs Mirzapur the Supreme Court held while considering the provisions regarding Article 48A and Article 51(g) that the directive principles of state policy and fundamental duties that are provided in Article 51-A of the Indian Constitution plays a significant role while testing the constitutional validity of any statutory provision or of any executive act.
- The Court also said that the reasonableness of any restriction that is cast by the law on the fundamental rights in the form of regulation, control or prohibition can be tested by taking the fundamental duties and the directive principle of state policy into account.
- The court in Ramlila Maidan Incident held that a balance has to be maintained between the fundamental rights and restrictions on one hand and fundamental rights and fundamental duties on the other hand.
- There would be an imbalance if importance is given to only fundamental rights or to the fundamental duties. Duty is considered as a true source of right.
- The courts consider the fundamental duties that are present in Article 51A while examining the reasonableness of the legislative restriction on exercise of various freedoms.
- The court also said that duties like protecting the sovereignty, unity and integrity of the country, provide safeguard to public property etc. are not insignificant.
- It was observed in N K Bajpai vs UOI that there is a common thread which runs between Part III, IV and Part IV-A of the Indian Constitution. First part provides us with the fundamental rights while the second part provides us with the basic principle of governance of the state and the third part provides the fundamental duties of the citizens of India. The court should consider all the constitutional aspect of fundamental rights, fundamental duties and the directive principle of state policy while interpreting any provision.
