Fundamental Rights and Directive Principles

9 September 2016

Fundamental Rights are meant for the citizen while Directive Principles of State Policy are meant for the State. In other words Fundamental Rights are individualistic and meant for individual citizens while Directive Principles of State Policy are socialistic in nature and want to establish equality and justice in the society. b) Fundamental Rights are enforceable in the courts. Individual can move to the court seeking legal assistance if Fundamental Rights are usurped by force.

On the other hand Directive Principles of State Policy are not enforceable and no one can go to the courts to compel the State for their proper implementation. c) Further, courts are bound to declare as void(with few exceptions) any law that is inconsistent with any of the Fundamental Rights On the other hand for Directive Principles the courts can not declare as void any law which in conflict with any of the Directive Principles. d) Fundamental Rights are automatically enforced.

Fundamental Rights and Directive Principles Essay Example

While Directive Principles, on the other hand, need legislation or policy intervention for their proper implementation so long as there is no law carrying out the policy laid down in the Directive Principles. e) Fundamental Rights seek to establish political democracy while directive principles seek to establish social and economic democracy. In other words Fundamental Rights are political in character. These rights guarantee Some democratic rights to the citizen.

On the other hand, Directive Principles are economic in nature and want to ensure social and economic security of the people. f) The Fundamental Rights are claims of the citizens recognized by the state. They are in the nature of denial of certain authority to the government. They are, therefore, negative in nature. On the contrary, almost all Directive Principles are positive in character as they are like positive directions that the government at all levels must follow to contribute to the establishment of social and economic democracy in India. ) Some Fundamental Rights of the citizens remain suspended during national emergency. But the question of suspension of Directive Principles does not arise during emergency or in any time. h) Fundamental Rights are not absolute and citizens are subject to reasonable restrictions. On the other hand, Directive Principles are not subject to any constitutional limitations. Based on political will the government may or may not implement them. i) In case of conflict between Fundamental Rights and Directive Principles, the former gets supremacy in the court.

Every legislation made to implement Directive Principles of State Policy is subject to scrutiny of the court to determine whether it is violative of the Fundamental Rights, particularly Article 14 and Article 19. j) Fundamental Rights are more precise and concrete while Directive Principles are more of general nature and are of wider significance. Despite so many differences, Fundamental Rights and Directive Principles are closely connected to each other. Both concepts constitute an indispensable part of the Constitution and are fundamental for proper development of our country.

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