Facilitating the Convergence of Directive Principles of State Policy and Fundamental Duties Through the Gandhian Interpretation of ‘Dharm’

Abstract

The distinctive character of the Indian Constitution is its affirmation in the balance of rights and duties. Written on the touchstone of the Indian notion of ‘dharm’, the forefathers of our constitution have demanded an overwhelming obligation from the state to ensure rights and guarantee favourable conditions for their enjoyment by the citizens. In order to balance out these commitments of the state, certain obligations of citizens have likewise been enumerated in the Constitution of India as fundamental duties. The authors argue that DPSPs and fundamental rights should operate together for the constitutional telos of welfare state and an egalitarian society. The Gandhian interpretation of ‘dharm’ is multifaceted. However, the notions of ‘rajdharm’ (duty of the king or the state) and ‘swadharm’ (duty of an individual) could be intertwined to formulate a theoretical premise for the much-needed convergence of directive principles of state policy and fundamental duties. The authors shall also elucidate that rajdharm and swadharm are reciprocating principles; one does not exist without the other. Ergo, rights must flow from the fulfilment of responsibility in the first place. Citizens and the state must function together in the larger interest of the nation.