Difference Between Fundamental Rights and Directive Principles
The Indian Constitution establishes both Fundamental Rights and Directive Principles of State Policy (DPSP) to create a balance between individual freedom and the collective welfare of society. Fundamental Rights safeguard citizens' personal liberties, ensuring protection against the misuse of power by the state. Understand the difference between Fundamental Rights and Directive Principles of State Policy in the Indian Constitution. Learn how Fundamental Rights protect individual liberties while Directive Principles promote social welfare and equitable governance.
Understanding the difference between Fundamental Rights & Directive Principles of State Policy is crucial. Fundamental Rights are the rights provided to the citizens of India by the Indian Constitution, while the Directive Principles of State Policy enlist the standards which the state must consider in formulating policies and making laws.
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Tabular Comparison – Fundamental Rights vs Directive Principles
| Criteria | Fundamental Rights | Directive Principles of State Policy |
|---|---|---|
| Nature | Individual-centric | Community-centric |
| Legal enforceability | Enforceable by law | Not legally enforceable by courts |
| Focus | Protection of individual rights and freedoms | Promotion of social, economic, and political welfare |
| Source | Part III of the Constitution (Articles 12-35) | Part IV of the Constitution (Articles 36-51) |
| Scope | Applies to citizens and non-citizens | Applies primarily to the state and its institutions |
| Subject matter | Civil, political, and human rights | Socio-economic goals and principles |
| Enforcement | Can be enforced through courts | Not directly enforceable, but have persuasive value |
| Restriction | Can be restricted under certain circumstances | Not subject to direct restriction |
| Legal remedies | Judicial remedies available | Not subject to direct judicial remedies |
| Immediate application | Can be directly applied and enforced | Require legislation and implementation |
| Fundamental guarantees | Protection against infringement by the state | Serve as guiding principles for the state |
| Role in Governance | Protect individuals from state interference | Shape the actions of the state in governing the country |
| Universal applicability | Applies to all citizens uniformly | Vary in the application based on different groups or areas |
| Objective | Ensuring individual liberties and equality | Achieving socio-economic justice and welfare |
| Binding nature | Binding on the state and its institutions | Considered as moral and political obligations |
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What are Fundamental Rights
Fundamental Rights are the basic rights guaranteed to every citizen of a country under the constitution. These rights ensure the balanced and efficient development of the personality of the citizens of that country.
In India, these rights are mentioned in Part III of the Constitution, under Articles 12 to 35. These rights also ensure that civil liberties are provided to all citizens to make them capable of living their lives peacefully.
Under Article 12 of the Constitution, Fundamental rights restrict the States from encroaching on the citizens’ freedom. Also, these rights apply to every citizen of the country equally. These rights do not differentiate between the citizens based on race, creed, caste, gender, place of birth, religion, etc.
Punishment provisions for violators are mentioned under the Indian Penal Code (IPC).
The Parliament of India has the right to amend the Constitution under Article 368 as long as these amendments do not violate the Basic Structure of the Constitution or infringe.
As per the Constitution of India, Indian citizens enjoy the following 7 Fundamental Rights:
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right to Freedom of Religion
- Right against exploitation
- Cultural and Educational Rights
- Right to Constitutional Remedies
- Right to Privacy
What are Directive Principles
Directive Principles of State Policy (DPSP) provide guidelines and goals for the central and state governments to follow while formulating policies and making laws. DPSPs ensure that Social and economic democracy is maintained.
These principles are mentioned in Part IV of the Constitution, under Articles 36 – 51. DPSPs are non-justiciable in courts, meaning a person cannot approach any court of law if the Government does not fulfil them. The DPSPs are listed below.
- Social Welfare Principles: To promote social justice, equality, and welfare for all sections of society.
- Economic Principles: To achieve economic development, reduce inequalities, and ensure a fair distribution of resources.
- Political Principles: To establish and strengthen democratic governance, ensure political participation, and uphold the principles of good governance.
- Environmental Principles: To protect and preserve the environment and natural resources and promote sustainable development.
- Cultural and Educational Principles: To preserve and promote cultural diversity, educational opportunities, and the dissemination of knowledge.
Conclusion
Both Fundamental Rights and Directive Principles play crucial roles in upholding the principles of justice, equality, and welfare in India. They form the foundation for a balanced and progressive society, ensuring the protection of individual rights and promoting social and economic well-being for all citizens. Although Directive Principles are not enforceable by law, they act as a moral compass for governance, striving for a society where justice, equality, and well-being are accessible to all citizens.
FAQs
What is the focus of Fundamental Rights?
Fundamental Rights primarily focus on safeguarding individual rights and freedoms, such as the right to equality, freedom of speech, and right to life and liberty.
What is the focus of Directive Principles?
Directive Principles focus on promoting social justice, economic equality, and overall welfare, encompassing education, healthcare, and the environment.
Can Fundamental Rights be suspended during emergencies?
Yes, during a state of emergency, some Fundamental Rights can be suspended or limited to maintain public order and national security.
What is the difference in their enforceability?
Fundamental Rights are directly enforceable through courts, allowing individuals to seek legal remedies. On the other hand, Directive Principles provide guidelines for the state's actions and cannot be directly enforced by individuals.
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