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The Supreme Court has applied the principle of harmonious construction to interpret Fundamental Rights and Directive Principles together, ensuring that neither is destroyed but both are given effect to the maximum extent possible, reflecting the Constitution's transformative vision.
- True
- False
Answer: True
Harmonious construction of FRs and DPSP: (a) Principle: When FRs and DPSP appear to conflict, courts interpret them harmoniously to give effect to both, not destroy either, (b) Rationale: (i) Constitutional unity: FRs, DPSP are parts of same Constitution; should be read together to realize transformative vision, (ii) Complementary goals: FRs protect individual liberty; DPSP guide social justice; both essential to constitutional democracy, (iii) Transformative potential: Harmonious interpretation enables courts to advance social justice while protecting rights, not choosing one over other, (c) Applications: (i) Right to education: Unnikrishnan (1993) harmonized Article 21 (life/liberty) with Article 45 (education) to recognize education as Fundamental Right, (ii) Environmental rights: Courts harmonized Article 21 with Article 48A to recognize right to healthy environment, (iii) Labor rights: Courts harmonized Article 19 (occupation) with Article 43 (living wage) to protect worker rights while respecting economic freedoms, (d) Limits: (i) Basic structure: Harmonious construction cannot destroy basic structure features (democracy, secularism, judicial review), (ii) Legislative primacy: Courts encourage legislative action to resolve FR-DPSP tensions, do not substitute policy judgment, (e) Contemporary relevance: (i) Digital rights: Harmonizing Article 19 (expression) with DPSP values (dignity, equality) informs digital governance, privacy protection, (ii) Climate justice: Harmonizing Article 21 (life) with Article 48A (environment) informs climate litigation, sustainable development, (f) Illustrates living constitutionalism: Harmonious construction enables constitutional adaptation to contemporary challenges while preserving core values; balance between rights protection, social justice essential for realizing transformative constitutional vision.