Difference Between Fundamental Rights and Directive Principles - DPSP vs FR
Although Fundamental Rights and Directive Principles complement each other, there are some critical differences between them. The most crucial difference is that Fundamental Rights are human rights, whereas Directive Principles of State Policy are ideals the state must keep in mind while formulating policies.
Fundamental Rights vs DPSP
Thus, Fundamental Rights are guaranteed to the citizens of India by the Constitution, and the Directive Principles act as the guiding light for the government while enacting laws and framing policies. The difference between directive principles and fundamental rights has been enumerated below:
Difference Between Fundamental Rights and Directive Principles
Directive Principles of State Policy
Fundamental Rights are enumerated in Part 3 of the Indian Constitution of India. Articles 12 to 35 of the Indian Constitution discuss the fundamental rights guaranteed to Indian citizens.
Part 4 of the Indian Constitution of India deals with Directive Principles of State Policy. Articles 36 to 51 talk about DPSP in detail.
Fundamental rights are the basic rights guaranteed by the Constitution of India to Indian citizens.
Directive Principles of State Policy is a set of guidelines to be followed by the Indian government while formulating policies and enacting laws.
The fundamental rights provided by the Constitution of India help to establish a state of political democracy in India.
Directive Principles of State Policy help in India's economic and social democracy prevalence.
The welfare of Indian citizens is the crux of Fundamental Rights.
Directive Principles of State Policy help the community's welfare at large.
Violation of Fundamental Rights is punishable by law.
Violation of DPSP is not a punishable crime by law.
In case of any violation, Fundamental rights can legally be enforced by the courts of law.
DPSP are not justiciable in case of any violation.
Even a law enacted by the Government of India can be declared unconstitutional and invalid if 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.
Fundamental Rights are often deemed as a type of restriction imposed on the government of India.
DPSPs are directions that help the government achieve its goals and objectives lawfully.
In case of any National Emergency, a part of the Fundamental Rights can be discontinued for the time being. However, those enumerated in Articles 20 and 21 cannot be stopped or nullified.
DPSP can never be paused under any prevailing circumstance.
The concept of Fundamental Rights was taken from the United States of America.
The concept of Directive Principles of State Policy was taken from the Constitution of Ireland, which was taken from the Spanish Constituency.
Fundamental Rights Vs DPSP (Directive Principles Of State Policy)
The key difference between fundamental rights and DPSP is the central features of fundamental rights and directive principles lie in the way of legislating the law aided by the Constitution.
- Fundamental rights are the right of every individual provided by the Indian Constitution.
- In contrast, the directive principles support the creation of a welfare state based on financial and social perspectives by applying Gandhian and liberal principles.
- The Constitution can implement fundamental rights; however, directive principles are established in welfare states.
Fundamental Rights and Directive Principles
Below are a detailed description of fundamental rights and directive principles of the state, including their meaning, features, and objectives.
Fundamental Rights of the Indian Constitution
- Fundamental Rights can be expressed as the basic rights secured to every resident of India under the Constitution.
- These rights provide the balanced and efficient growth of the qualities of the citizens of India.
- These rights are listed in Part III of the Constitution in India, under Articles 12 to 35.
- Fundamental rights also guarantee that civil privileges are offered to all citizens to make them competent to live peacefully.
- These rights bound the State specified under Article 12 of the Constitution from intruding on the citizens' freedom.
- Fundamental Rights assure Political Democracy.
- These rights are given to all citizens of India in an equivalent manner irrespective of their race, ideology, religion, sex, birthplace, etc.
- In case any citizen disobeys fundamental rights, the penalty is included in the Indian Penal Code (IPC) based on the preference of the Judiciary.
- The Parliament has the right to modify the Constitution under Article 368 till these amendments do not break the basic system of the Constitution.
The Constitution of India comprises the following 7 Fundamental Rights:
- Right against Exploitation
- Cultural and Educational Rights
- Right to Constitutional Remedies
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right to Freedom of Religion
- Right to Privacy
Directive Principles of State Policy, DPSP
- Directive principles of state policy comprise directions or objectives provided to the State and the Central Government of India.
- The Government must consider these principles while passing any law or guidelines.
- The primary purpose of directive principles is to maintain economic and social democracy.
- DPSPs are listed under Articles 36 to 51 in Part IV of the Constitution and are equal to the 'Instruments of Instructions' under the Government of India Act.
- A citizen cannot proceed towards any court of law in the case, and the Governments do not satisfy the DPSPs as these provisions are non-justiciable in courts.
Concepts of Directive Principles of State Policy
The basic phenomena of DPSP focus on effectively considering existing social and welfare advancement. The Directive Principles of State Policy is based on three conceptions which are as follows.
- Socialist principles.
- Gandhian principles.
- Liberal principles.
The integral part of these principles emphasizes the exquisite structure by forcing the concept of creating a liberal state concerned with the present phenomena of developing states.
- This ideology comes to execute the current issues.
- The local Government body approves the use of Liberalism within the State to rebuild influential laws for their inhabitants.
The Gandhian principles support the reconstruction of society by liberal regulations and apply the basic perception belonging to social freedom in the existing system.
- The elemental principle of the Gandhian principles is to concentrate on reconstructing the complete rule and entities reinforced by the administration.
- The articles belonging to this generation are 40 - 48, which constructively promote the key framework.
The main concept of socialist principles is to create economic and social fairness for the State's welfare and provide the appropriate entities to create effective action belonging to the existing practices.
- It focuses on attaining the objectives of fulfilling the results of the social principles in a garnishing manner.
- It comprises the articles such as 38 to 43A involving the structural phenomena of the State.
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