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The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "Fundamental" in the governance of the country, which makes it the duty of the State [1] to apply these principles in making laws to establish a just society in ...
The principle of equality, not every feature of equality, but the quintessence of equal justice; The "essence" of other fundamental rights in Part III; The concept of social and economic justice — to build a welfare state: Part IV of the Constitution; The balance between fundamental rights and directive principles; The parliamentary system of ...
An example of a case in which the applicant was able to invoke the provisions of an untimely transposed Directive is the Verkooijen case, in which the European Court of Justice rendered a judgement on 6 June 2000 (case no. C-35/98).
The Court of Justice held that if a Directive would confer identifiable rights on individuals, and there is a causal link between a member state's violation of EU and a claimant's loss, damages must be paid. The fact that the incompatible law is an Act of Parliament is no defence. [130]
The constitution declares India a sovereign, socialist, secular, [9] and democratic republic, assures its citizens justice, equality, and liberty, and endeavours to promote fraternity. [10] The original 1950 constitution is preserved in a helium-filled case at the Parliament Library Building in New Delhi. [11] [12] [13]
While moving the bill for consideration in the Lok Sabha, Gokhale stated that the fear that Parliament would "misuse the power to curtail Fundamental Rights once it acquired the power to amend them, was unfounded." Gokhale further stated that Directive Principles must prevail over Fundamental Rights, in case of conflict between the two. [6]
The terms of reference given to the Commission stated that it shall examine, in the light of the experience of the past fifty years, as to how best the Constitution can respond to the changing needs of efficient, smooth and effective system of governance and socio-economic development of modern India within the framework of parliamentary democracy, and to recommend changes, if any, that are ...
[2] [3] [4] For the European Court of Justice, national courts and public officials must disapply a national norm that they consider not to be compliant with the EU law. The majority of national courts have generally recognized and accepted this principle, except for the part where European law outranks a member state's constitution.