Differences between Fundamental Rights and Directive Principles of State Policy (DPSP)

Introduction

  1. Fundamental Rights and Directive Principles of State Policy (DPSP) are two significant components of the Indian Constitution.
  2. They aim to ensure justice, liberty, equality, and fraternity but differ in their nature, scope, and enforceability.
  3. The Fundamental Rights are detailed in Part III (Articles 12–35), while the DPSPs are provided in Part IV (Articles 36–51).

Key Differences

AspectFundamental RightsDirective Principles of State Policy
DefinitionBasic rights guaranteed to every citizen for their individual freedom and dignity.Guidelines to the state for achieving socio-economic goals and establishing a welfare state.
Part of the ConstitutionPart III (Articles 12–35)Part IV (Articles 36–51)
NatureJusticiable – Enforceable by courts.Non-justiciable – Not enforceable by courts.
ObjectivePromote individual liberty and protect rights.Guide the state in establishing socio-economic justice.
ExamplesRight to Equality (Article 14), Right to Freedom (Article 19).Promotion of educational and economic interests of weaker sections (Article 46), Uniform Civil Code (Article 44).
ScopeMainly individual-centric.Primarily society-centric.
ConflictOverrules DPSPs in case of direct conflict.Subordinate to Fundamental Rights in case of conflict.
AmendabilityCan be restricted or amended by the Parliament under Article 368.May influence amendments for socio-economic reforms.

Significance of Fundamental Rights

  1. Protect the basic freedoms and dignity of individuals.
  2. Provide a safeguard against arbitrary state actions.
  3. Ensure equality, freedom, and protection for all citizens.

Significance of DPSPs

  1. Provide a framework for achieving socio-economic justice.
  2. Guide the state in formulating laws and policies to promote public welfare.
  3. Complement Fundamental Rights by addressing societal goals.

Interrelation Between Fundamental Rights and DPSPs

  1. The Fundamental Rights and DPSPs together aim to establish a welfare state in India.
  2. In certain cases, courts have tried to harmonize conflicts, ensuring both sets of principles are respected.
  3. Landmark cases like the Keshavananda Bharati Case and Minerva Mills Case highlighted the balance between the two.

Landmark Cases

  1. Champakam Dorairajan Case (1951): Established that Fundamental Rights have precedence over DPSPs in case of conflict.
  2. Keshavananda Bharati Case (1973): Emphasized the need to balance Fundamental Rights and DPSPs.
  3. Minerva Mills Case (1980): Asserted the importance of harmonizing the two for a just society.

Conclusion

While Fundamental Rights ensure individual freedoms and protections, the Directive Principles aim to establish a framework for socio-economic justice. Both are integral to realizing the constitutional goals of justice, liberty, equality, and fraternity. A balance between the two is essential for achieving a truly democratic and welfare-oriented society.

Category
Directive Principles of State Policy
Indian Polity and Governance
What is the key difference between Fundamental Rights and Directive Principles of State Policy (DPSP)?
Which part of the Constitution contains Directive Principles of State Policy (DPSP)?
Fundamental Rights primarily focus on which aspect?
Directive Principles of State Policy (DPSP) aim to achieve which type of goals?
Which of the following has precedence in case of conflict between Fundamental Rights and DPSPs?
What ensures the enforcement of Fundamental Rights?
DPSPs are not enforceable in courts because:
Fundamental Rights are listed under which articles of the Constitution?
Directive Principles of State Policy (DPSP) derive their inspiration from which Constitution?
The concept of Fundamental Rights in the Indian Constitution is influenced by which document?
In case of a conflict between laws implementing DPSPs and Fundamental Rights, which judgment upheld the primacy of DPSPs?
Which article is not justiciable but directs the state to provide free legal aid?
The Directive Principles of State Policy (DPSP) are meant for:
Fundamental Rights can be suspended during which situation?
Which part of the Indian Constitution emphasizes achieving a welfare state?
Which of the following is an example of a Directive Principle?
Which of these Fundamental Rights are also reflected in the Directive Principles of State Policy (DPSP)?
Fundamental Rights are suspended during which Article enforcement?
Which part of the Constitution lists the ideals to be achieved through DPSPs?
How do Fundamental Rights and Directive Principles of State Policy (DPSP) differ in their enforceability?
The implementation of Directive Principles of State Policy (DPSP) depends on:
Which DPSP has been implemented through the Right to Education Act, 2009?
Fundamental Rights and DPSPs were harmonized in which landmark judgment?
The distinction between Fundamental Rights and DPSPs is highlighted in which amendment?
Which DPSP was the basis for the creation of the Panchayati Raj system?
Which Fundamental Right cannot be abridged even under DPSPs?
Which article states that DPSPs shall not be enforceable by any court?
DPSPs are primarily directed at:
The aim of DPSPs is to ensure:
Fundamental Rights are guaranteed to: