Difference between Fundamental Rights and Directive Principles
The Fundamental Rights (FRs) & the Directive Principles of the state Policy (DPSPs) are complementary to each other instead of being contradictory to each other. Still there are some differences remains between the DPSPs and the FRs. They are shown in a table below.
|Fundamental Rights (Part III, Article 12-35 )
||Directive Principles of State Policy (DPSPs) ( Part IV, Article 36-51)
- Negative as they prohibit State from doing certain things.
- Justifiable, i.e., they are legally enforceable by the courts in case of their violation.
- Established political democracy.
- These have legal sanctions.
- Promote the welfare of the individual. Hence, they are personal and individualistic.
- Don’t require any legislation for their implementation.
- They are automatically enforced.
- The courts are bound to declare a law violating any FRs as unconstitutional & invalid.
Can be suspended during National Emergency except Article 20 and 22
- They are part of the law of the country. They are specific.
- Directive Principles of the state Policy (DPSPs) are positive or affirmative as they require the State to do certain things.
- DPSPs are non-justiciable, that is, they are not legally enforceable by any courts for their violation. Although they are recognized by the courts and have legal significance.
- They aim at establishing social and economic democracy in the country.
- DPSPs have moral and political sanctions.
- Directive Principles of the state Policy (DPSPs) promote the welfare of the community. Hence, they are societarian and socialist.
- Directive Principles of the state Policy (DPSPs) require legislation for their implementation.
- Directive Principles of the state Policy (DPSPs) are not automatically enforced.
- The courts cannot declare a law violating any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive
DPSPs can never be suspended under any condition.
The Directive Principles are not law. They are more general. In DPSPs, the political, adminis-trative, economic and subjects like international peace are also include.
- Directive Principles are basic to the governance of the country.
- The Directive Principles are not a source of power for the administration while the Fundamental Rights are meant to control and contain the public authorities in the country.