Difference Between Fundamental Rights and Directive Principles Of State Policy [DPSP]

By : Neha Dhyani

Updated : Jun 7, 2022, 10:09

Fundamental Rights are a set of human rights that have been conferred to Indian citizens by the Constitution of India. The six fundamental rights enjoyed by all Indian citizens are - the right to equality, right to freedom, right to freedom of religion, right against exploitation, right to education, and the right to constitutional remedies.

On the other hand, Directive Principles of State Policy [DPSP] are the ideals that nations have to abide by while formulating policies and enacting laws.

The Major Difference Between Fundamental Rights and Directive Principles Of State Policy is that the former has been conferred to the Indian citizens by the Constitution of India while the latter is a set of guidelines that the Indian government has to abide by while enacting laws or forming policies.

Main Difference Between Fundamental Rights and Directive Principles Of State Policy

There are numerous differences that segregate fundamental rights from DPSP. The Main Difference Between Fundamental Rights and Directive Principles Of State Policy [DPSP] have been enumerated below -

SL. No.Fundamental RightsDirective Principles of State Policy
1.Fundamental Rights are enumerated in Part 3 of the Constitution of India. Articles 12 to 35 of the Indian Constitution talks about the fundamental rights guaranteed to the Indian citizens in detail.Part 4 of the Constitution of India deals with the Directive Principles of State Policy. Articles 36 to 51 talk about DPSP in detail.
2.Fundamental rights are the basic rights guaranteed by the Constitution of India to the Indian citizens.Directive Principles of State Policy is a set of guidelines that are to be followed by the Indian government while formulating policies and enacting laws.
3.The fundamental rights provided by the Constitution of India help to establish a state of political democracy in the country.Directive Principles of State Policy help in the prevalence of economic and social democracy in the country.
4.The welfare of Indian citizens is the crux of Fundamental Rights.Directive Principles of State Policy help in the welfare of the community at large.
5.Violation of the Fundamental Rights is punishable by law.Violation of DPSP is not a punishable crime by law.
6.In case of any violation, Fundamental rights can be enforced by the courts of law legally.DPSP are not justiciable in case of any violation.
7.Even a law enacted by the Government of India can be declared unconstitutional and invalid in case there is any violation of Fundamental Rights.Even if a law does not abide by the Directive Principles of State Policy, no court of law has the right to declare the same invalid or unconstitutional.
8.Fundamental Rights are often deemed as a type of restriction imposed on the government of India.DPSP are directions that help the government achieve its goals and objectives lawfully.
9.In case of any National Emergency, a part of the Fundamental Rights can be suspended for the time being. However, those enumerated in Articles 20 and 21 cannot be suspended or nullified.DPSP can never be suspended under any prevailing circumstance.
10.The concept of Fundamental Rights was borrowed from the United States of America.Directive Principles of State Policy's concept was borrowed from the Constitution of Ireland, which in turn was borrowed from the Spanish Constituency.

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The above were the main Difference Between Fundamental Rights and Directive Principles Of State Policy [DPSP].

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FAQs on the Difference Between Fundamental Rights and Directive Principles Of State Policy [DPSP]

Q1. What is the Difference Between Fundamental Rights and Directive Principles Of State Policy with regard to their adoption?

The Difference Between Fundamental Rights and Directive Principles Of State Policy [DPSP] with regard to their adoption is that the concept of Fundamental Rights was borrowed from the United States of America whereas DPSP was borrowed from the Constitution of Ireland, which in turn was borrowed from the Spanish Constituency.

Q2. What is the main Difference Between Fundamental Rights and Directive Principles Of State Policy?

The Main Difference Between Fundamental Rights and Directive Principles Of State Policy [DPSP] is that the former has been conferred on the Indian citizens by the Constitution of India while the latter is a set of guidelines that the Indian government has to abide by while enacting laws or forming policies.

Q3. What is the Difference Between Fundamental Rights and Directive Principles Of State Policy with regards to a violation?

The Difference Between Fundamental Rights and Directive Principles Of State Policy with regards to a violation is that the violation of the former is a punishable offence whereas the violation of the latter is not punishable by law.

Q4. What is the Difference Between Fundamental Rights and Directive Principles Of State Policy with regard to their suspension?

The Difference Between Fundamental Rights and Directive Principles Of State Policy [DPSP] with regard to their suspension is that while a part of the Fundamental Rights can be suspended for the time being in case of a National Emergency, the DPSP can never be suspended under any prevailing condition.