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Directive Principles Manifestly Non-Justiciable, But truly Justiciable?

By N. Dharmadan

Published In

Air 2001

Justiciability of “Directive Principles” in Part IV of the Constitution of India is a live issue in the light of latest decisions of the Supreme Court. Borrowing the precedents of the Irish State the framers of the Constitution incorporated directive principles in our Constitution. The very object and purpose of these principles is to embody the concept of a welfare State. In unequivocal terms the Judges had stated in Kesavanandabharathi case1 and that the Directives” do not confer any enforceable rights their breach does not invalidate a law, nor does it entitle a citizen to complain of its violation by the State so as to seek mandatory reliefs as in the case of the Fundamental Rights in Part III. However according to Chandrachood C. J.2 Parts III and IV together constitute the core of the commitment to social revolution and .... Conscience of the constitution. Though the Supreme Court expla ....

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