Q.Activist argues poor need Directive Principles made legally binding, not Fundamental Rights. Do you agree? Give reasons.
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Start your 14-day free trial to unlock the full solution →It is reasonable to disagree with simply REPLACING Fundamental Rights with legally-binding
Directive Principles for the poor -- both political-civil liberty and social-economic support are
needed together, and the honest goal should be strengthening the implementation of Directive
Principles alongside, not instead of, enforceable Fundamental Rights.
The activist's underlying concern is real: Directive Principles like the right to an adequate
livelihood, free legal aid, and education matter enormously to poor citizens, and their lack of
court-enforceability is a genuine limitation. But it would be a mistake to conclude that the poor
therefore need Directive Principles made binding "instead of" Fundamental Rights. Fundamental Rights
-- equality, freedom of speech and assembly, protection from arbitrary arrest, the Right to
Constitutional Remedies itself -- are often MOST important precisely for people who are poor or
marginalised, since they are the ones most likely to face arbitrary treatment by employers, the
police, or local power-holders, with the least ability to protect themselves without a legal remedy.
The Kesavananda Bharati and Minerva Mills judgments already settled that neither part of the
Constitution should be given unconditional priority over the other -- both are considered part of
the Constitution's basic structure, meant to work together. A more workable response to the …
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