The conflict between FR and DPSP arises primarily because of justiciablity of one and the lack of the same. The Supreme Court’s jurisprudence has developed in the following ways:
- Champakam Dorairajan case: Fundamental Rights would prevail over the DPSP in case of conflict between the two. However, legislature can amend FR to give effect to DPSP
- Golaknath case: FR are sacrosanct in nature and cannot be amended for implementation of DPSP
- Keshavanda Bharati case: Article 31C providing blanket immunity for those laws giving effect to DPSP was deemed null and void.
- Minerva Mills case: Constitution is founded on the bedrock of balance between FR and DPSP
The present position is that FR enjoys supremacy over the DPSP. Yet, this does not mean that DPSP cannot be implemented