william sharp mckechnie said the principle (directive principles) should be made the basis of all the future legislation.
william sharp mckechnie said the principle (directive principles) should be made the basis of all the future legislation.
who said the principle (directive principles) should be made the basis of all the future legislation?
william sharp mckechnie
bhargava stated that "while moving this amendment, i have no hesitation in stating that for people like me and those that do not agree with the point of view of dr. ambedkar and others, this entails, in a way, a sort of sacrifice. seth govind das had sent one such amendment to be included in the fundamental rights and other members also had sent similar amendments. to my mind, it would have been much better if this could have been incorporated in the fundamental rights, but some of my assembly friends differed and it is the desire of dr. ambedkar that this matter, instead of being included in fundamental rights should be incorporated in the directive principles. as a matter of fact, it is the agreed opinion of the assembly that this problem should be solved in such a manner that the objective is gained without using any sort of coercion. i have purposely adopted this course, as to my mind, the amendment fulfills our object and is midway between the directive principles and the fundamental rights." bhargava also observed that "i do not want that, due to its inclusion in the fundamental rights, non-hindus should complain that they have been forced to accept a certain thing against their will." the end result of the debate in the constituent assembly was that the bhargava's amendment was carried and the article in its present form exists as article 48 of the constitution, as one of the directive principles of state policy.
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the directive principles have been used to uphold the constitutional validity of legislations in case of a conflict with the fundamental rights. article 31c, added by the 25th amendment in 1971, provided that any law made to give effect to the directive principles in article 39(b)–(c) would not be invalid on the grounds that they derogated from the fundamental rights conferred by articles 14, 19 and 31. the application of this article was sought to be extended to all the directive principles by the 42nd amendment in 1970, but the supreme court struck down the extension as void on the ground that it violated the basic structure of the constitution. the fundamental rights and directive principles have also been used together in forming the basis of legislation for social welfare. the supreme court, after the judgement in the "kesavananda bharati" case, has adopted the view of the fundamental rights and directive principles being complementary to each other, each supplementing the other's role in aiming at the same goal of establishing a welfare state by means of social revolution. similarly, the supreme court has used the fundamental duties to uphold the constitutional validity of statutes which seeks to promote the objects laid out in the fundamental duties. these duties have also been held to be obligatory for all citizens, subject to the state enforcing the same by means of a valid law. the supreme court has also issued directions to the state in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties.
fundamental rights, directive principles and fundamental duties of india