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Difference between Fundamental Rights and Directive Principles of State Policy | UPSC Notes
IMPORTANT LINKS
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GS Paper |
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Topics for UPSC Prelims |
Fundamental Rights (Articles 12-35), Directive Principles (Articles 36-51) |
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Topics for UPSC Mains |
Comparative analysis of Fundamental Rights and Directive Principles, Role in shaping public policy, Interrelationship and conflict, Landmark judgments |
Difference between Fundamental Rights and Directive Principles of State Policy
Difference between Fundamental Rights and Directive Principles of State Policy
Parameter
Fundamental Rights
Directive Principles
Definition
Fundamental Rights can be defined as the basic rights which are guaranteed to every citizen of a country under the constitution of India.
These are nothing but the directions or ideals or instructions which are provided to the Central and State Governments of a country, which these governments have to take into consideration, while enacting various laws and policies.
Article of Constitution
In India, these rights are mentioned in Part III of the Constitution, under Articles 12 to 35.
In India, these principles are mentioned in Part IV of the Constitution, under the Articles 36 to 51.
Type of Democracy ensured
The Fundamental Rights mentioned in the Constitution of India help to ensure Political Democracy.
The Directive Principles of State Policy mentioned in the Constitution of India help to ensure Social and Economic Democracy.
Source of Borrowing
These rights were borrowed from the Constitution of the United States of America.
These provisions were borrowed from the Constitution of Ireland, which in turn borrowed it from the Constitution of Spain.
Violation is punishable or not
The violation of the Fundamental Rights is punishable on the basis of provisions mentioned under the Indian Penal Code (IPC) and depending upon the discretion of the Judiciary.
The violation of the Directive Principles of State Policy is not an punishable offence like the Fundamental Rights.
Stand of Judiciary
If a particular law of any government, or any amendment of the Constitution initiated by the Parliament, infringes the Fundamental Rights of the citizens, then the High Courts or Supreme Courts can declare such law or amendment as unconstitutional.
If a particular law of any government, or any amendment of the Constitution initiated by the Parliament, infringes the Directive Principles of State Policy, then the High Courts or Supreme Courts cannot declare such law or amendment as unconstitutional.
Individualistic or Collective
These rights help to promote the rights and welfare of all the citizens of the country in an individualistic manner.
These provisions help to promote the welfare of the entire communities of the country in a collective manner.
Positive or Negative in Nature
These are negative in nature as they restrict the State from undertaking some actions which violate the Fundamental Rights of Citizens.
These are positive in nature as they allow the State to undertake some actions which fulfill the Directive Principles of State Policy.
Can they be suspended
Yes. In case of National Emergency, the Fundamental Rights except those mentioned under Articles 20 and 21, can be suspended.
No. The Directive Principles of State Policy cannot be suspended under any circumstances.
How they are enforced
These rights have no need for any legislation to be implemented and they are automatically enforced.
The provisions require legislation to be enacted for their implementation and they are not automatically enforced.
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Difference between Fundamental Rights and Directive Principles of State Policy |
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Parameter |
Fundamental Rights |
Directive Principles |
|
Definition |
Fundamental Rights can be defined as the basic rights which are guaranteed to every citizen of a country under the constitution of India. |
These are nothing but the directions or ideals or instructions which are provided to the Central and State Governments of a country, which these governments have to take into consideration, while enacting various laws and policies. |
|
Article of Constitution |
In India, these rights are mentioned in Part III of the Constitution, under Articles 12 to 35. |
In India, these principles are mentioned in Part IV of the Constitution, under the Articles 36 to 51. |
|
Type of Democracy ensured |
The Fundamental Rights mentioned in the Constitution of India help to ensure Political Democracy. |
The Directive Principles of State Policy mentioned in the Constitution of India help to ensure Social and Economic Democracy. |
|
Source of Borrowing |
These rights were borrowed from the Constitution of the United States of America. |
These provisions were borrowed from the Constitution of Ireland, which in turn borrowed it from the Constitution of Spain. |
|
Violation is punishable or not |
The violation of the Fundamental Rights is punishable on the basis of provisions mentioned under the Indian Penal Code (IPC) and depending upon the discretion of the Judiciary. |
The violation of the Directive Principles of State Policy is not an punishable offence like the Fundamental Rights. |
|
Stand of Judiciary |
If a particular law of any government, or any amendment of the Constitution initiated by the Parliament, infringes the Fundamental Rights of the citizens, then the High Courts or Supreme Courts can declare such law or amendment as unconstitutional. |
If a particular law of any government, or any amendment of the Constitution initiated by the Parliament, infringes the Directive Principles of State Policy, then the High Courts or Supreme Courts cannot declare such law or amendment as unconstitutional. |
|
Individualistic or Collective |
These rights help to promote the rights and welfare of all the citizens of the country in an individualistic manner. |
These provisions help to promote the welfare of the entire communities of the country in a collective manner. |
|
Positive or Negative in Nature |
These are negative in nature as they restrict the State from undertaking some actions which violate the Fundamental Rights of Citizens. |
These are positive in nature as they allow the State to undertake some actions which fulfill the Directive Principles of State Policy. |
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Can they be suspended |
Yes. In case of National Emergency, the Fundamental Rights except those mentioned under Articles 20 and 21, can be suspended. |
No. The Directive Principles of State Policy cannot be suspended under any circumstances. |
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How they are enforced |
These rights have no need for any legislation to be implemented and they are automatically enforced. |
The provisions require legislation to be enacted for their implementation and they are not automatically enforced. |
Study the NCERT Notes on the Right to Equality here.
What are Fundamental Rights?
The Fundamental Rights in India is a set of legal rights guaranteed to all citizens of India by the Constitution of India. These rights are considered fundamental because they are essential to the well-being and dignity of individuals and are protected by law. The Fundamental Rights in India are as follows:
- Right to Equality (Article 14-18): This right ensures that all citizens are equal before the law and prohibits discrimination based on caste, religion, gender, or place of birth.
- Right to Freedom (Article 19-22): This right includes freedom of speech and expression, freedom of religion, freedom of movement, and freedom of assembly.
- Right against Exploitation (Article 23-24): This right prohibits human trafficking, forced labour, and child labour.
- Right to Freedom of Religion (Article 25-28): This right guarantees the freedom to follow any religion and to propagate it.
- Cultural and Educational Rights (Article 29-30): This right grants the right to preserve one's culture, language, and script and also provides the right to education.
- Right to Constitutional Remedies (Article 32): This right allows citizens to move to the court of law to enforce their fundamental rights.
Study the NCERT Notes on Schedules of the Indian Constitution here.
What are Directive Principles of State Policy?
The Directive Principles of State Policy (DPSP) in India is a set of guidelines and principles laid down in Part IV of the Indian Constitution, which the government is expected to follow while making policies and enacting laws. They are mentioned under Articles 36 to 51. DPSPs are not enforceable by the courts, but they serve as a moral and political obligation on the government to create conditions for the welfare of the people. Hence, the difference between the Fundamental Rights and Directive Principles of State Policy is very important from the exam point of view.
Socialist Principles
Aim: Establish economic and social justice for the welfare of the state.
Means: Implement policies that promote equality and reduce economic disparities.
Example: Providing opportunities for education and employment to all citizens.
Gandhian Principles
Aim: Reconstruct society based on liberal rules and social emancipation.
Means: Adopt non-violence, promote rural development, and empower local communities.
Example: Encouraging cottage industries and rural self-sufficiency.
Liberal Principles
Aim: Create a welfare state by adopting liberal ideology and effective laws.
Means: Protect individual rights and freedoms, promote economic growth, and ensure social progress.
Example: Safeguarding freedom of speech, promoting entrepreneurship, and ensuring access to justice.
Check out the test series for UPSC IAS Exam here.
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Major Takeaways
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Difference between Fundamental Rights and Directive Principles of State Policy UPSC FAQs
How fundamental rights are different from DPSP case laws?
Fundamental rights are enforceable through courts and provide legal remedies. DPSP case laws are judicial interpretations of directive principles and are not legally binding.
What are the different principles under the Directive Principles of State Policy?
The Directive Principles of State Policy include principles related to social justice, economic welfare, international relations, governance, and environmental protection.
What is the relationship between the fundamental rights and Directive Principles of State Policy?
The fundamental rights and Directive Principles of State Policy are complementary to each other. Fundamental rights ensure individual liberties. The DPSPs guide the government to establish a just and welfare-oriented society.
What are Fundamental Rights in India and Directive Principles of State Policy?
Fundamental Rights in India are the individual rights guaranteed by the Constitution, such as the right to equality, freedom of speech, and right to education. Directive Principles of State Policy are the guidelines for the government to promote social and economic justice in society.
What is the difference between directive principles of state policy and fundamental rights?
Fundamental rights are justiciable and enforceable through courts. Directive principles of state policy are non-justiciable and not enforceable by courts.