Q1) While Fundamental Rights protect the Indian citizens against political hegemony, Directive Principles protect them against economic hegemony. Discuss.

(150 Words/10 Marks)

ANS:

Fundamental Rights – guarantees to all citizens, protection from arbitrary actions by the state and ensure their individual freedoms such as.

1. Preventing discrimination: (a) prohibits discrimination by the state and individuals based on religion, race, caste, sex, and place of birth [Article 15]; (b) prohibits discrimination by the state in appointments to public offices [Article 16]; (d) prohibits state from creating a special class of citizens using titles and honours [Article 18];
2. Preventing Arbitrary Actions: The right to equality and protection against exploitation prevent the state from enacting discriminatory policies or engaging in oppressive practices – (a) Article 23 prohibits human trafficking and forced labour; (b) prohibits the imposition of taxes specifically for the promotion of any religion [Article 27]; (c) protects against arbitrary convictions [Article 20]. (d) protection against wrongful arrests/detentions [Article 22].
3. Upholding Judicial Oversight: The right to constitutional remedies [Article 32] empowers citizens to seek judicial intervention when their rights are violated, ensuring a check on the executive and legislative branches.
4. Ensuring Democratic Participation: (a) Rights such as freedom of speech, assembly, and association enable citizens to express their opinions, form political parties, and participate in democratic processes without fear of state repression [Article 19];
5. Ensuring equality – provides that likes are treated alike and unlikes are not treated alike: scope for positive discrimination to ensure empowering circumstances for certain marginalized sections [Article 15 / Article 16]; (b) ensures that all individuals have equal rights to religion; (c) protection of minority rights.

Directive Principles – guidelines for the state to achieve social and economic democracy; unhindered capitalism often leads to monopolies which is antithetical to economic democracy.

1. Minimising economic disparities: (a) directions to ensure economic justice in the social order and minimise inequalities of income and status [Article 38]; (b) equal pay for equal work [Article 39(d)]; prevention of concentration of wealth; redistribution of wealth [Article 39(c)].
2. Protection from economic exploitation: (a) Protects children and youth from exploitation for economic gains [Art 39(e)]; (b) Securing a living wage, a decent standard of living for all workers [Art 43]; (c) participation of workers in the management of industries [Art 43A]
3. Providing opportunities: (a) Article 41 provides for the right to work, education, and public assistance in cases of unemployment/sickness etc.; (c) Article 46 promotes educational and economic interests of the weaker sections.
4. Guiding legislations and Policies: serve as a guiding framework for the creation of laws and policies aimed at achieving economic justice.

The Supreme Court has also stated that even though DPSPs are not binding, it can be used for validating parliamentary laws. Both Fundamental rights and DPSPs are two important pillars of the Indian Constitution. They are often referred to as the “two wheels of a chariot” due to their complementary nature