• Research/Scholar Paper name – Role of Judiciary as guardian to protect DPSP
  • Author: Abhisek Sahu
  • Institution: University of Petroleum and Energy Studies, Dehradun
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 24/06/2022

Abstract:

The purpose of the study is to understand the role of DPSP in the judicial government of socio-economic rights and examine how judicial review , judicial activism, and public interest litigation have the DPSP from principles. The basic design of the study is completely descriptive where I introduced about the modern India government , the relationship between DPSP and fundamental rights and judiciary as a guardian protecting DPSP. While understanding the relationship between fundamental rights and DPSP , we focused on several cases, where the judgements were based on harmonious construction . In Keshvananada bharti vs. state of Kerela , the supreme court said that parliament can amend any part of the constitution . In Ashok Kumar Thakkur vs. Union of India , the Supreme court said that fundamental rights are civil and political rights where as DPSP refers to socio-economic rights. We observed that the Indian constitution on the other hand extends DPSP duties to all the state organs , although it expressly excludes the judicial decision . Most African countries that choose to include socio-economic rights in their respective DPSPs explicitly make them non-justiciable. DPSP is a major feature of the Indian constitution and has to be protected by the Judiciary , also the policies under the part IV of the constitution should be protected.

Role of Judiciary as guardian to protect DPSP

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