Distinction Between Fundamental Rights and Directive Principles
Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs) are two important aspects of the Indian Constitution, but they are different in many ways. Here’s an easy-to-understand comparison:
1. Nature
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Fundamental Rights (FRs):
These are basic rights given to every citizen. They are justiciable, meaning they can be enforced in a court of law. If someone’s Fundamental Rights are violated, they can go to court for protection.
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Directive Principles (DPSPs):
These are guidelines or principles that the government should follow while making laws and policies. They are non-justiciable, meaning they cannot be enforced in a court of law. They are not legally binding, but they serve as a framework for governance.
2. Purpose
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Fundamental Rights (FRs):
The purpose of Fundamental Rights is to protect individual freedoms and ensure equality. They act as a shield to protect citizens from arbitrary action by the government or others.
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Directive Principles (DPSPs):
The purpose of Directive Principles is to guide the state in creating a welfare state. They focus on creating a society based on social justice, economic equality, and welfare for all citizens.
3. Enforceability
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Fundamental Rights (FRs):
Fundamental Rights are enforceable in courts. If a person’s rights are violated, they can file a petition in the Supreme Court or High Court for justice (e.g., Article 32 of the Constitution).
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Directive Principles (DPSPs):
Directive Principles are not enforceable in courts. They are more like moral guidelines for the government to follow in making laws and policies. They do not provide any direct legal remedy if they are violated.
4. Priority
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Fundamental Rights (FRs):
Fundamental Rights are considered supreme. They cannot be violated, and any law or government action that goes against them can be struck down by the courts.
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Directive Principles (DPSPs):
Directive Principles are considered secondary to Fundamental Rights. In case of a conflict between the two, Fundamental Rights will take precedence. However, the government should still try to follow the Directive Principles while making laws.
5. Amendment
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Fundamental Rights (FRs):
Fundamental Rights can be amended by Parliament, but only under certain conditions. The basic structure of the Constitution must remain intact, and no amendment should violate the core values of Fundamental Rights.
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Directive Principles (DPSPs):
Directive Principles can be changed more freely by Parliament, as they are not part of the core of the Constitution. They can be modified to reflect changes in the government’s policies.
6. Examples
- Fundamental Rights (FRs):
- Right to Equality (Article 14)
- Right to Freedom (Article 19)
- Right to Life and Personal Liberty (Article 21)
- Right to Religion (Article 25)
- Directive Principles (DPSPs):
- Promotion of equal pay for equal work (Article 39)
- Providing adequate livelihood to all citizens (Article 39(a))
- Ensuring welfare of children (Article 45)
7. Implementation
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Fundamental Rights (FRs):
Fundamental Rights are meant to be implemented immediately, and any law or government action that violates them can be challenged in court.
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Directive Principles (DPSPs):
Directive Principles are meant to be implemented gradually. They are not mandatory, but they help in shaping the country’s laws and policies in a way that promotes social and economic justice.
8. Scope
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Fundamental Rights (FRs):
Fundamental Rights apply to individuals and ensure the protection of personal freedoms and equality in all aspects of life.
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Directive Principles (DPSPs):
Directive Principles apply to the state and help the government in framing policies that aim at social welfare, equality, and justice.
Conclusion
In simple terms:
- Fundamental Rights are the basic rights that protect individuals, are enforceable in courts, and are considered supreme.
- Directive Principles are guidelines for the government to create a welfare state, are not enforceable, and are meant to be gradually implemented.
Both are important, but Fundamental Rights take priority, and Directive Principles act as a guiding philosophy to help build a just society.
