Difference between Fundamental Rights and Directive Principles of State Policy

What are Fundamental Rights?

Fundamental Rights are basic human rights that are recognized and guaranteed by the Constitution of a country. These rights are considered essential for the overall development and well-being of individuals and are enforceable by law.

Examples of Fundamental Rights:

• Right to equality
• Right to freedom of speech and expression
• Right to life and personal liberty
• Right to education
• Right to religious freedom

Uses of Fundamental Rights:

Fundamental Rights provide individuals with protection against any unjust treatment or discrimination. They ensure that the government respects and upholds the dignity, liberty, and equality of all citizens. Fundamental Rights empower individuals to exercise their freedoms and fight for justice.

What are Directive Principles of State Policy?

Directive Principles of State Policy, also known as DPSP, are guidelines or principles given to the government by the Constitution for the governance of the country. These principles are not legally enforceable by any court but are considered fundamental in the governance of the nation.

Examples of Directive Principles of State Policy:

• Promotion of equal justice
• Protection and improvement of the environment
• Provision for free and compulsory education
• Protection of the interests of minorities
• Promotion of scientific temper and research

Uses of Directive Principles of State Policy:

Directive Principles of State Policy act as a guide for the government to formulate policies and laws for the welfare and development of the society. They aim to establish economic and social democracy, reduce inequality, promote education, and protect the interests of marginalized sections of society, among other objectives.

Differences between Fundamental Rights and Directive Principles of State Policy

	Fundamental Rights	Directive Principles of State Policy
Difference Area	Fundamental Rights	Directive Principles of State Policy
Enforceability	Fundamental Rights are legally enforceable by courts.	Directive Principles of State Policy are not legally enforceable.
Nature	They are civil and political in nature.	They are socio-economic in nature.
Violation	Violation of Fundamental Rights can lead to legal consequences.	Violation of Directive Principles of State Policy does not have legal consequences.
Individual Rights	Fundamental Rights focus on protecting individual rights.	Directive Principles of State Policy focus on promoting social and economic welfare.
Justiciability	Fundamental Rights are justiciable, meaning they can be legally enforced.	Directive Principles of State Policy are not justiciable.
Immediate Application	Fundamental Rights are immediately applicable.	Directive Principles of State Policy may require legislation for implementation.
Source	Fundamental Rights are directly stated in the Constitution.	Directive Principles of State Policy are derived from the Constitution.
Individual vs. State	Fundamental Rights impose obligations on the state.	Directive Principles of State Policy impose obligations on the state towards individuals.
Interpretation	Fundamental Rights have a clear and precise interpretation.	Directive Principles of State Policy have a broader scope of interpretation.

Conclusion:

In summary, the fundamental difference between Fundamental Rights and Directive Principles of State Policy lies in their enforceability, nature, focus, justiciability, and immediate application. While Fundamental Rights protect individual rights and can be legally enforced, Directive Principles of State Policy guide the government’s policies and aim for socio-economic welfare without legal enforceability.

People Also Ask:

• What is the purpose of Fundamental Rights?

Fundamental Rights ensure the protection of individual rights and liberties, guarantee equality, promote justice, and establish a democratic society.

• Are Directive Principles legally enforceable?

No, Directive Principles of State Policy are not legally enforceable but provide guidelines for the government in making policies.

• How are Fundamental Rights different from Human Rights?

Fundamental Rights are specific rights granted or recognized by a particular country’s constitution, while Human Rights are universal rights inherent to all human beings.

• Do Directive Principles apply to every citizen?

Yes, Directive Principles of State Policy apply to every citizen as they aim to create conditions for the welfare and development of all individuals.

• Can Fundamental Rights be suspended?

In certain exceptional circumstances, Fundamental Rights can be suspended temporarily during emergencies like war or internal disturbance for the sake of national security.