Question

Explore the relationship between Fundamental Rights and Directive Principles.

Answer 1

The Directive Principles of State Policies embodied in Part IV are a unique feature of our Constitution. Besides the precedent of the Irish Constitution, the basic inspiration for the Directive Principles Chapter came from the. concept of Welfare State. While seeking to protect the basic rights of the individual, the framers of the constitution also wanted it to become an effective instrument for the social revolution. The possible conflict between the rights of the individual and their needs of the community was sought to be resolved on the one hand by hedging the Fundamental Rights themselves by necessary restrictions “public interest”, etc., and, on the other, by incorporating a chapter on the more positive “Directive Principles of State Policy”. 
Article 37 declares that the Directive Principles are “Fundamental in the governance of the country” and that “it shall be the duty of the state to apply these principles in making laws”. Thus, it is clear that these constitutional directives were not intended to be merely moral precepts but were to be treated as positive mandates and part and parcel of the Human Rights provision of the constitution. The Directive Principles, however, did not give rise to any legal rights for the violation of which any individual could seek a remedy nor did these bestow any power of the legislature. Also, no law could be declared ultra vires on the ground of inconsistency with these principles.
It is possible to see both Fundamental Rights and Directive Principles as complementary to each other. Fundamental Rights restrain the government from doing certain things while Directive Principles exhort the government to do certain things. Fundamental Rights mainly protect the rights of the individuals while Directive Principles ensure the wellbeing of the entire society.
Many times many policies of Directive Principles have been taken and incorporated in the Fundamental Rights through amendments. For example, abolition of the Zamindari system, mid-day meal system, etc.