Difference Between Fundamental Rights and Directive Principles

In the constitution, ‘Rights’ has a great role to play in the sustenance of democracy. It allows citizens to express their views, form political parties, and participate in political activities. It also safeguards the interest of minority people. Rights are nothing but the reasonable claims which are accepted by society and approved by the law. Fundamental rights are important for the very existence and development of the citizens.

Definition of Fundamental Rights

Fundamental Rights are described as the basic rights guaranteed to every citizen of the country under the constitution, that helps in the proper and balanced development of personality. These are written in Part III of the Constitution which ensures civil liberty to all the citizens so that they can lead their lives peacefully. Moreover, they also prevent the State from intruding their freedom.

Fundamental Rights apply to all the citizens of the country equally, regardless of their race, caste, creed, sex, place of birth, religion, etc. Violation of the fundamental rights may lead to punishment under the Indian Penal Code (IPC), based on the discretion of the judiciary. At present, the Indian Constitution recognizes seven fundamental rights, they are:

  • Right to Equality
  • Right to freedom
  • Right to freedom of religion
  • Right against exploitation
  • Cultural and Educational Rights
  • Right to constitutional remedies
  • Right to privacy

Definition of Directive Principles of State Policy

As it is evident from the name, Directive Principles of State Policy are the instructions given to the central and state government of the country, so as to refer them while formulating the laws and policies, and to ensure a just society. The principles are embodied in Part IV and listed in article 36 to 51 of the constitution.

Directive Principles are non-justiciable, in the sense that they cannot be enforced in the court of law. However, these are recognized as important in the governance of the State. These principles aim at creating such a socio-economic environment, which can help the citizens to live a good life. Further, the directive principles also gauge the performance of government, concerning the objectives achieved by it.

Difference Table

Ground Fundamental Rights Directives Principles
Meaning Fundamental Rights are the essential rights of all the citizens of the country. Directive Principles are the guidelines which are referred while formulating policies and laws of the country.
Defined in Part III of the Constitution Part IV of the Constitution
Nature Negative Positive
Enforceability They are legally enforceable They are not legally enforceable
Democracy It establishes political democracy. It establishes social and economic democracy.
Legislation Not required for its implementation. Required for its implementation.
Promotes Individual welfare Social welfare

Author: Shubham siwach

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