Fundamental Rights vs Directive Principles of State Policy (DPSP)

Fundamental Rights and Directive Principles of State Policy (DPSP) are the two most important elements of the Constitution of India. Fundamental rights are the rights granted by India’s Constitution to protect the interests of its citizens. Directive Principles of State Policy (DPSP) are principles that are given to state institutions for the country to be governed effectively. Directive Principles, unlike Fundamental Rights, are not enforceable in courts of law.

What are Fundamental Rights?

Fundamental rights are the rights granted to all citizens of a country by its constitution. These rights guarantee that the residents of that country develop their personalities in a balanced and effective manner. In India, these rights are outlined in Part III of the Constitution, namely Articles 12–35. These rights also ensure that all citizens have the civic liberties necessary to live peacefully. According to Article 12 of the Constitution, fundamental rights prohibit states from infringing on citizens’ freedom. Furthermore, these rights apply to all citizens of the country equally. These rights do not discriminate against citizens based on their race, creed, caste, gender, place of birth, religion, or other characteristics. The Indian Penal Code (IPC) contains measures for punishment for offenders. Article 368 of the Indian Constitution grants the Parliament the authority to alter it, provided that the changes do not impair or contradict the basic structure of the document.

Key Features of Fundamental Rights:

• The Fundamental Rights of India are a collection of legal rights granted to all Indian citizens under the Indian Constitution.
• These rights are regarded as basic because they are crucial to a person’s well-being and dignity, and they are protected by law.
• These rights prevent the state, as outlined in Article 12 of the Constitution, from infringing on citizens’ freedom.
• If these rights are violated, the Indian Penal Code (IPC) provides for punishment at the discretion of the judiciary.

What are Directive Principles of State Policy (DPSP)?

The Directive Principles of State Policy (DPSP) establish principles and goals for the federal and state governments to follow when developing policies and enacting legislation. DPSPs guarantee that social and economic democracy are preserved. They seek to promote the principles of equality, liberty, and justice expressed in the Preamble to the Constitution. Moving away from the colonial period, which was known as a “police state,” and toward a modern “welfare state” with social democracy. These ideas are referenced in Part IV of the Constitution, namely Articles 36–51. DPSPs are non-justiciable in courts, which means that if the government fails to meet the DPSPs, a citizen cannot bring a legal action. DPSPs are not enforceable in court, but they are useful in determining a law’s constitutionality.

Key Features of Directive Principles of State Policy:

• The DPSP is a set of guidelines for a country’s central and state governments to consider when enacting laws and policies.
• Its primary goal is to maintain social and economic democracy.
• DPSP is outlined in Part IV of the Constitution, specifically Articles 36–51.
• The DPSPs are not justiciable in courts; thus, individuals cannot seek legal action if governments fail to satisfy them.

Differences between Fundamental Rights and Directive Principles of State Policy

Basis	Fundamental Rights	Directive Principles of State Policy
Definition	Fundamental rights are the core rights granted to all citizens of a country by the Indian constitution.	These are simply the guidelines, principles, or instructions that a country’s central and state governments must follow while implementing different laws and policies.
Article of Constitution	In India, these rights are outlined in Part III of the Constitution, namely Articles 12–35.	In India, these principles are listed in Part IV of the Constitution, namely Articles 36–51.
Type of Democracy Ensured	The Fundamental Rights enshrined in India’s Constitution contribute to ensure political democracy.	The Directive Principles of State Policy enshrined in India’s Constitution contribute promote social and economic democracy.
Idea Taken From	These rights were derived from the United States Constitution.	These articles were derived from the Irish Constitution, which was themselves borrowed from the Spanish Constitution.
Violation	Violations of fundamental rights are penalized under sections of the Indian Penal Code (IPC) and at the discretion of the judiciary.	In contrast to the Fundamental Rights, violating the Directive Principles of State Policy is not a penal act.
Stand of Judiciary	If a specific legislation enacted by a government or a constitutional change started by Parliament violates people’ fundamental rights, the High Courts or Supreme Courts have the authority to declare the law or amendment illegal.	If a single statute of any administration, or any modification to the Constitution sponsored by Parliament, violates the Directive Principles of State Policy, the High Courts or Supreme Courts cannot find it unconstitutional.
Purpose	These rights contribute to the individual rights and well-being of the country’s residents.	These provisions contribute to the overall welfare of the country’s communities.
Positive or Negative in Nature	These are negative in nature because they prevent the state from carrying out certain activities that violate citizens’ fundamental rights.	These are positive in nature because they allow the state to perform certain acts that are consistent with the Directive Principles of State Policy.
Suspension	Yes. In the event of a national emergency, all Fundamental Rights, save those stated in Articles 20 and 21, might be suspended.	No, the Directive Principles of State Policy in any circumstance cannot be suspended.
How To Enforce	These rights do not require any legislation to be established and are automatically enforced.	The provisions must be passed through law before they may be implemented, and they are not automatically enforced.

Conclusion

Fundamental Rights and Directive ideals both play important roles in sustaining India’s ideals of justice, equality, and welfare. They lay the groundwork for a balanced and progressive society, protecting individual rights while fostering social and economic well-being for all individuals. In India, the link between fundamental rights and directive principles is both complimentary and harmonious. While Fundamental Rights are justiciable and enforceable by courts, Directive Principles are not, yet they are critical to the country’s government. The Directive Principles of State Policy guide the government in creating policies and legislation that enhance people’s welfare and develop a just and equitable.

Fundamental Rights and Directive Principles of State Policy- FAQs

What is the focus of the Fundamental Rights?

Fundamental rights are largely concerned with protecting individual rights and liberties, such as the right to equality, freedom of expression, and the right to life and liberty.

What is the purpose of Directive Principles?

The Directive Principles aim to promote social justice, economic equality, and general well-being, including education, healthcare, and the environment.

Can fundamental rights be suspended during an emergency?

Yes, under a state of emergency, some fundamental rights may be suspended or curtailed in order to protect public order and security.

What’s the difference between the enforceability of fundamental rights and DPSP?

Fundamental rights are directly enforced by the courts, allowing individuals to seek legal redress. Individuals, on the other hand, cannot directly implement Directive Principles, which offer parameters for the state’s acts.

What are the seven fundamental rights of India?

Seven fundamental rights provided by the Constitution are the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, the right to property, and the right to constitutional remedies.

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