भूमिका
Part III of the Indian Constitution acts as the nation’s conscience, balancing individual liberty (negative state obligations) with social justice (positive state interventions) to build an egalitarian polity.
Safeguarding Individual Liberty
- Substantive Dignity: Article 21 has transitioned from procedural to substantive due process (Maneka Gandhi, 1978), securing decisional privacy (K.S. Puttaswamy, 2017) and the right against climate change impacts (M.K. Ranjitsinh, 2024).
- Civil Freedoms: Article 19 safeguards speech, assembly, and movement. However, these are not absolute and are subject to 'reasonable restrictions' (Article 19(2)) like public order and national security to balance individual autonomy with collective peace.
Ensuring Social Justice
- Affirmative Action: Articles 14, 15, and 16 enable compensatory discrimination. In the landmark State of Punjab v. Davinder Singh (2024) ruling, the Supreme Court allowed sub-classification of Scheduled Castes, ensuring reservations reach the most marginalized.
- Eradicating Structural Oppression: Articles 17 (untouchability) and 23-24 (forced/child labor) directly eliminate historical caste-based and economic exploitation.
The FR-DPSP Synergy
While individual liberty (Fundamental Rights) and welfare mandates (Directive Principles of State Policy) may sometimes conflict, the Supreme Court in Minerva Mills (1980) held them to be 'two wheels of a chariot'. Neither is superior; they exist in a state of harmonious construction.
निष्कर्ष
A progressive constitutional approach must ensure that individual autonomy is preserved while dynamically expanding positive state action to uplift the historically marginalized.