Difference Between Fundamental Rights and DPSPs

Difference Between Fundamental Rights and Directive Principles of State Policy

Fundamental Rights and Directive Principles of State Policy are included in Part-III and Part-IV of Indian constitution. Get here Difference Between Fundamental Rights and DPSPs.

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Difference Between Fundamental Rights and Directive Principles of State Policy

In the democratic framework of governance, a country’s constitution plays a pivotal role in safeguarding the rights and welfare of its citizens. India, as a sovereign republic, enshrines two significant pillars of justice and inclusivity within its constitution – Fundamental Rights and Directive Principles of State Policy.

While both these constitutional provisions aim to ensure the holistic development of the nation and its people, they differ in their nature, enforceability, and underlying objectives. Understanding these distinctions is essential to grasp the dynamic balance between individual liberties and societal progress that forms the bedrock of India’s constitutional framework.

Read about: Important Articles of Indian Constitution

Fundamental Rights and Directive Principles of State Policy Key Differences

Here is a table that gives the difference between Fundamental Rights and Directive Principles of State Policy:

Aspect	Fundamental Rights	Directive Principles of State Policy
Nature	Fundamental Rights are justiciable and enforceable, meaning citizens can approach courts if these rights are violated. They are considered sacrosanct and inviolable, providing individuals with legal protection.	Directive Principles of State Policy are non-justiciable and not enforceable by courts. While they represent essential guiding principles, they do not provide direct legal remedies to individuals if the state fails to implement them.
Enforceability	Fundamental Rights can be enforced through legal actions and court proceedings. If any law or action of the state violates these rights, citizens have the right to challenge it in a court of law.	Directive Principles, on the other hand, do not grant citizens the same enforceability in courts. Although they outline the state’s responsibilities, citizens cannot file legal suits based solely on the violation of Directive Principles.
Legal Provisions	Fundamental Rights are enshrined in Part III of the Constitution of India, specifically Articles 12 to 35. These articles provide detailed provisions on various rights and freedoms of individuals.	Directive Principles are enshrined in Part IV of the Indian Constitution, specifically Articles 36 to 51. These principles lay down the guidelines for the state’s policies and governance to ensure the welfare of the people.
Individual vs. State	Fundamental Rights are primarily aimed at protecting the individual liberties and freedoms of citizens. These rights serve as checks and balances on the power of the state and ensure a fair and just society.	Directive Principles, on the other hand, are primarily aimed at promoting the welfare of the state and its people. They guide the state in formulating policies to achieve economic and social justice and improve the quality of life.
Nature of Rights	Fundamental Rights are considered absolute and inviolable, and their violation is considered unlawful and unconstitutional. Citizens have a clear legal entitlement to these rights.	Directive Principles are more aspirational and flexible in nature. They represent the ideals and goals that the state should strive to achieve, but their implementation depends on the socioeconomic conditions and available resources.
Scope of Application	Fundamental Rights are applicable to both citizens and non-citizens residing in India. These rights extend to all individuals, regardless of their nationality.	Directive Principles are primarily directed towards the State’s role in governance and public policy. They apply to the government’s decision-making processes and the formulation of laws and policies.
Examples of Rights	Fundamental Rights include essential rights such as the Right to Equality, the Right to Freedom of Speech and Expression, the Right to Religion, the Right to Life, and Personal Liberty, among others.	Directive Principles include rights related to the Right to Work, Right to Education, Right to Health, Right to Social Security, and Protection of National Monuments, among others.
Duty of the State	The State has a constitutional duty to protect and uphold Fundamental Rights. It must ensure that laws and policies do not infringe upon these rights, and it must safeguard the liberties of its citizens.	The State has a duty to apply Directive Principles in making laws and policies. It is required to strive to achieve the goals outlined in these principles and work towards the welfare of the people.
Conflict Resolution	In case of a conflict between Fundamental Rights and any law or action of the State, Fundamental Rights take precedence, and the court will ensure the protection of individual rights.	In certain situations, Directive Principles may take precedence over Fundamental Rights. This may happen when the court considers that the application of Directive Principles is essential for achieving a just and equitable society.
Historical Perspective	The concept of Fundamental Rights in the Indian Constitution is inspired by the American Bill of Rights, which grants certain inalienable rights to its citizens.	The Directive Principles of State Policy were derived from the Irish Constitution, which provided for the social, economic, and political rights of its citizens.
Relationship with Citizens’ Rights	Fundamental Rights act as a check on the State’s power and ensure that individual liberties are protected. These rights empower citizens to challenge any arbitrary or oppressive actions by the government.	Directive Principles complement Fundamental Rights and ensure that the State works towards the collective well-being and development of society. They guide the State in formulating policies that promote social and economic justice.
Impact on Citizens’ Lives	Fundamental Rights provide immediate legal remedies and safeguards against any infringement on individual liberties. Citizens can exercise these rights to protect themselves from unjust actions.	Directive Principles may take longer to realize their impact on society as they require policy implementation and long-term planning. Their full realization depends on the State’s commitment to their implementation and the availability of resources.

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Difference Between Fundamental Rights and DPSPs UPSC

The difference between Fundamental Rights and Directive Principles of State Policy is crucial for the UPSC exam. It falls under the UPSC Syllabus, which requires aspirants to understand the Indian Constitution’s provisions and the governance framework. Fundamental Rights are justiciable and enforceable, ensuring individual liberties, while Directive Principles are non-justiciable, guiding the state’s policies towards the welfare of the people. Understanding this distinction aids aspirants in tackling questions related to the Indian Constitution, governance, and the delicate balance between individual rights and the state’s responsibility to uplift society. Aspirants can prepare such topics through UPSC Online Coaching and UPSC Mock Test.

Read about: Salient Features of Constitution of India

Difference between Fundamental Rights and Directive Principles of State Policy FAQs

What is the basic difference between FR and DPSP?

Fundamental Rights are justiciable and enforceable, providing legal protection to individual liberties, whereas Directive Principles of State Policy are non-justiciable and aim to guide the state in formulating policies for the welfare of the people.

What is the relationship between FRS and DPSP?

Directive Principles complement Fundamental Rights, guiding the State towards the collective well-being and development of the society.

What is the precedence of DPSP over FR?

In certain situations, DPSP may take precedence over FR when the court considers their application essential for achieving a just and equitable society.

Why DPSP is not enforceable?

DPSP is not enforceable in courts as they are aspirational and depend on the availability of resources and socio-economic conditions.

Which amendment gave priority to DPSP over FR?

The 42nd Amendment of the Constitution in 1976 added Article 31C, which provided precedence to certain DPSP over FR, specifically in relation to laws aimed at implementing the Directive Principles.