The Directive Principles that were not included in the initial constitution but later on included, are articles 39A, 43A, and 48A.
The DPSPs of the constitution have the provision that can be viewed as the same as the fundamental Rights and also the constitution-makers have placed this as the heart of the soul.
The constitution-makers used the others country’s provision and placed them in our country as the DPSPs of India is taken from the constitution of Ireland.
The DPSPs and the Fundamental Rights have been the biggest contentious point in the Indian constitution. Also, it can be said that the DPSPs and FR are the Two Facades of any coin. But the difference between both the parts are the DPSPs are not compelled by the Supreme Court of India but the Fundament Rights are the compulsions that are compelled by the Supreme Court.
The then Prime Minister of India Mrs. Indira Gandhi, between 25th June 1975 - 21st March 1977 enacted the Act that was known as the 42nd Amendment Act 1976. During the time of Emergency, the Amendment takes place. This Amendment is also known to be the most Controversial and Tough amendment of Indian history and in this amendment, many parts of the Constitution were changed including the Preamble of the constitution.
The 42nd amendment has amended the Directive Principle of state policy and new articles added by the act as 39A, 43A, and 49A. The act and Changement gave primacy to the Directive Principle by narrating the below words.
“no law implementing any of the Directive Principles could be declared unconstitutional because it violated any of the fundamental rights”.
Challenges for 42nd amendmentsMinerva Mills V Union of India
In this case, the amendment power of the Parliament was aimed at discussing, and it was asked by the Supreme Court of India, that is the Parliament has the power to amend the Preamble and Fundamental Rights of the Constitution.
The Supreme Court in its judgment clearly said that no Parliament can’t amend the basic structure of the Constitution that includes the Fundamental Right and Preamble.