Directive Principles of State Policy

Directive Principles of State Policy

The Directive Principles of State Policy which embody the ambitions and aspirations of the makers of Indian Constitution, are contained in Part 4 of the Indian Constitution. They aim at providing the social and economic basis for a genuine democracy. Directive Principles of State Policy are not enforceable through courts and are merely directives which the government has to keep in mind while framing a policy. This novel feature of the Indian Constitution has been borrowed from the Constitution of Ireland.

Broadly speaking, there are three types of Directive Principles

(1) Economic or Socialist- these principles aim at providing social and economic justice and ushering in a welfare state.

(2) Gandhian Principles- These are the embodiment of the Gandhian programme for reconstruction.

(3) Liberal Principles- these principles are based on liberal thinking of freedom in every walk of life.

Difference between Fundamental Rights and Directive Principles

(1) The Fundamental Rights constitute limitations upon State action the Directive Principles are in the nature of instruments of instruction to the government to do certain things to achieve certain goals.

(2) The Directive Principles are not enforceable in the courts and do not create any justiciable rights in favour of the individual whereas Fundamental Rights are justiciable.

(3) Directive Principles are inferior to Fundamental Rights because in case of conflict between the two, the Fundamental Rights must get precedence. This is one of the important difference between Fundamental Rights and Directive Principles.

Fundamental Duties

The Fundamental Duties are ten in number and are contained in Art 51A Part 4-A of the Indian Constitution. This Article was inserted into the Constitution by the 42nd Amendment Act 1976. These duties are statutory duties and are enforceable by law. Violation of the duties can be met.

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