UPSC MainsGeneral Studies Paper IIConstitutionPractice question

Evolution of Relationship Between FRs and DPSPs

The relationship between Fundamental Rights and Directive Principles of State Policy has evolved through various constitutional amendments and judicial decisions. Discuss with reference to Article 31C and the Kesavananda Bharati case.

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Introduce the initial perceived conflict and shift towards complementarity between Fundamental Rights and Directive Principles of State Policy. Detail the insertion of Article 31C via the 25th Constitutional Amendment and the scrutiny it received in the Kesavananda Bharati case. Trace subsequent developments through Minerva Mills and recent jurisprudence, concluding with the doctrine of harmonious construction.

Model answer

413 words

Introduction

Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) together embody the core philosophy of the Indian Constitution. While early judicial decisions viewed them as conflicting, with Fundamental Rights holding primacy, constitutional amendments and landmark judicial verdicts have transformed this dynamic into a synergistic partnership essential for realizing a welfare state.

Evolution of the Relationship: The Article 31C Trajectory

The institutional attempt to accord primacy to social welfare over individual fundamental rights reached a critical turning point with the introduction of Article 31C.

  • The 25th Constitutional Amendment Act (1971): Inserted Article 31C into the Constitution, providing that any law enacted to implement Article 39(b) and Article 39(c)—pertaining to the equitable distribution of material resources and the prevention of wealth concentration—would not be void even if it violated Fundamental Rights guaranteed under Articles 14 and 19. Additionally, the amendment shielded such declarations from judicial review.
  • Kesavananda Bharati v. State of Kerala (1973): The Supreme Court upheld the substantive first part of Article 31C, acknowledging Parliament's power to give precedence to specific socio-economic goals under Article 39(b) and (c) over Articles 14 and 19. However, the Court invalidated the second part of Article 31C, which barred judicial review, holding that judicial scrutiny is an unalterable component of the Constitution's basic structure.
  • 42nd Amendment Act (1976) and Minerva Mills (1980): Parliament sought to extend the immunity under Article 31C to protect laws implementing all Directive Principles. In Minerva Mills v. Union of India (1980), the Supreme Court struck down this blanket extension, holding that giving absolute primacy to Directive Principles destroys the balance between Parts III and IV. The Court reiterated the Doctrine of Harmonious Construction, asserting that the Constitution rests on the bedrock of balance between Fundamental Rights and Directive Principles.

Contemporary Relevance

The constitutional balance between socio-economic transformation and individual liberties continues to evolve through contemporary jurisprudence.

  • Property Owners Association v. State of Maharashtra (2024): A nine-judge Constitution Bench reaffirmed that the original, unamended version of Article 31C (protecting laws under Article 39(b) and (c)) survived post-Minerva Mills. Concurrently, the Bench clarified that not all private property automatically constitutes a 'material resource of the community' under Article 39(b), preventing arbitrary state acquisition while preserving state regulatory powers.

Conclusion

The evolving constitutional jurisprudence demonstrates that Fundamental Rights and Directive Principles are not antagonistic forces, but complementary frameworks functioning as the two wheels of a chariot. Together, they advance India toward a substantive socio-economic democracy without dismantling core individual liberties.

Key facts to remember

definition
Doctrine of Harmonious Construction

A principle of statutory and constitutional interpretation holding that when two provisions appear to conflict, they should be interpreted so that effect can be given to both without rendering either redundant.

case study
Kesavananda Bharati v. State of Kerala (1973)

A 13-judge bench upheld the first limb of Article 31C protecting laws giving effect to Article 39(b) and (c), but struck down the clause precluding judicial review, ruling that judicial review is an essential part of the Basic Structure.

case study
Property Owners Association v. State of Maharashtra (2024)

A 9-judge Supreme Court bench clarified that while the original scope of Article 31C remains valid, not every privately owned resource constitutes a 'material resource of the community' under Article 39(b).

Frequently asked questions

Why was the second clause of Article 31C struck down in Kesavananda Bharati?

The Supreme Court struck down the second clause because it ousted the jurisdiction of the courts to examine whether a law actually served the socio-economic objectives of Article 39(b) and (c), violating the basic structure doctrine.