Abstract

Abstract This chapter examines the Directive Principles of State Policy (DPSPs) and their controversial place in the Indian Constitution. It first reviews the origins of DPSPs and the notion that fundamental rights must be interpreted in light of the DPSPs. It then considers the role played by the DPSPs in judicial inquiries by focusing on the Indian Supreme Court’s jurisprudence in the aftermath of the Re Kerala Education Bill case. After discussing the DPSPs as markers of reasonableness, the chapter explores whether it is possible to ground the DPSPs within a coherent intellectual vision, one that is justified both constitutionally and philosophically. It also analyses the Supreme Court’s evolving understanding of the place of Part IV within the constitutional scheme, and concludes by outlining the distinct roles played by DPSPs in judicial interpretation.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.