Difference between fundamental rights and directive principles
Fundamental rights in Indian Constitution
Fundamental rights are like a gift and boom for the Indians who had suffered by foreign rule for years. It is an important and achievement of the constitution of India is inclusion of fundamental rights in it. Indian constitution Part-III tell about Fundamental rights of India, what are fundamental rights and how many fundamental rights are there in Indian constitution.
Fundamental rights have paramount importance in the constitution as it declares that all laws inconsistent with the fundamental rights shall be void.
State shall not make any law which takes away or abridge the rights conferred in part III of the constitution. The fundamental rights are provided to protect the dignity of the individual and to create conditions in which every human being can develop his or her personality to the fullest extent possible.
Fundamental rights are classified in six parts, based on nature, as follows: –
- Right to Equality (Arts 14-18)
- Right to Freedom (Arts 19-22).
- Rights against Exploitations (Arts 23-24).
- Right to freedom of Religion (Arts 25- 28).
- Cultural and educational rights (Arts 29-30).
- Right to constitutional Remedies (Arts 32- 35)
Directive Principles of State Policy are non-Justiciable Rights, which means that they cannot be enforced through a Court of Law but lays down the Objectives and Framework according to which Policies and Laws should be made.
Objectives and Significance of Directive Principles:
1. Welfare state:
The objective of directive principles is to embody the concept of welfare state. The Indian constitution guarantees its citizens justice, freedom and equality. The state must formulate various projects for its citizens and through them must secure individual welfare and the nation’s progress.
After independence, India faced many challenges. This country was to be transformed into a developed and progressive country. Therefore, it was necessary to implement a dynamic and rigorous programme of development. Guidance was necessary to decide priority areas to be focused on. Such guidance came from the directive principles of state policy. It shows the path to the state for development.
3. Supplement of fundamental rights:
Directive principles deal with the social, economic and cultural rights. These principles have enabled the government to make laws to protect the weaker sections of society and abolish inequality and eradicate poverty.
Nature of Directive Principles:
Directive Principles are fundamental in the governance of the country. But they are not justifiable in the court of law when it is violated. Their nature is moral. These principles are only the directions to the state and law making bodies to keep in mind while framing policies and laws.
Directive principles in the constitution:
For the easy understanding of the Directive Principles, they are classified into four categories:
A) Social Principle:
- The state must provide free and compulsory education to all the children below fourteen years of age.
- It should promote the interests of the weaker sections especially for the SC and ST.
- The state should strive to improve public health and impose a ban on toxicating drugs harmful to health.
- The state should support the development of agriculture and animal husbandry on scientific lines.
- The state shall strive to preserve and protect the environment, forests and wild life.
- The state should protect and preserve historical and national monuments.
B) Economic principles:
- The state should provide adequate means of livelihood to all its citizens.
- It should use the material resources of the country for the well being of the entire society.
- It should prevent the concentration of wealth in the hands of a few.
- It should ensure equal pay for equal work to all men and women alike.
- The state should ensure that no person is compelled to enter into a vocation unsuited to his age and ability.
- The state shall strive to create conditions that will help children grow in a free and healthy atmosphere
- The state shall create a legal system that promotes justice and provides free legal aid to the weaker sections of society.
- All citizens should be given the right to work and the right to education. They should be provided assistance in old age and illness.
- The state shall promote cottage industries.
- It should ensure workers participation in factory management by making suitable laws.
C) Political Principles:
- The state shall organize village Panchayats for enhancing people’s participation in political affairs.
- The state should strive to implement uniform civil code for all the citizens of India.
- The Judiciary should be separated from the Executive to secure the independence of the former.
D) Principles concerning International Relations:
- The state is expected to devise a foreign policy that promotes international peace and security.
- It shall promote honourable and friendly relationships among nations.
- It shall resolve international disputes by peaceful means and arbitration.
Difference between Fundamental rights and Directive Principles:
Directive Principles of State Policy
|Fundamental rights have judicial protection.||Directive principles of state policy do not have judicial protection|
|We can approach the court when Fundamental right is violated||We cannot approach the court in case of non implementation of the directives.|
|Fundamental Rights provides individual freedom and liberty to the people||Directive Principles deals with the social, economic and cultural rights. Directive Principles are the guidelines for the state|
|These are basic civil and political rights of the citizens||
It shows the path to the government for formulating policies towards welfare state.
|Fundamental rights have paramount importance in the constitution||Directive Principles are only the directions to the state and law making bodies to keep in mind while framing policies and laws|
|Fundamental rights do not require any legislation for their implementation and are automatically enforced.||Directive Principles require legislation for their implementation as they are not automatically enforced.|
|Violation of Fundamental Rights is punishable||Violation of Directive Principles is not punishable|
|Fundamental Rights were borrowed from the Constitution of the United States of America||Directive Principles of State Policy were borrowed from the Constitution of Ireland which was in turn copied from the Constitution of Spain.|
|Fundamental Rights promote the well-being of individual.||Directive Principles are used to promote well-being of the entire community.|
|Fundamental rights might be suspended during national emergency. However, Articles 20 and 21 protect rights that cannot be interrupted.||Directive Principles of State Policy can not be suspended under any circumstances.|
|The courts have the authority to declare any law void and unconstitutional if it violates fundamental rights||The courts do not have the authority to declare a law unlawful and unconstitutional if it violates the Directive Principles.|
|Fundamental Rights help to establish political democracy in the country.||The Directive Principles of State Policy help to develop Economic and Social Democracy.|
|Fundamental Rights are included in Part 3 of the Indian Constitution and are addressed in Articles 12-35 of the Indian Constitution.||Directive Principles are mentioned in Part 4 of the Indian Constitution and articles 36-51 of the Indian Constitution contain these provisions.|
|These are negative in sense as they prohibit the state from doing certain things.||These are positive as they requires the state to do certain things|