In this article, we will understand the difference between the Directive Principles of State Policy and Fundamental Rights in simple and easy language, and consider its various important aspects, so read the article till the end. 📚 Constitution
Difference between Directive Principles of State Policy and Fundamental Rights
Fundamental rights have been discussed from Article 12 to 35 under Part 3 of the Constitution.
At the same time, the Directive Principles of State Policy have been discussed from Article 36 to 51 under Part 4 of the Constitution.
Fundamental Right is a political right and its objective is to establish a democratic political system in the country.
At the same time, the objective of the Directive Principle is to establish social and economic democracy.
In this way, the role of these two becomes very important in establishing a political, economic and social democracy.
Fundamental Rights are in a way negative in nature as it prevents the State from doing many things. Of course most of the time it is only for the good.
But the Directive Principle of State Policy is positive in nature. Because it leads the state to become a public welfare state.
Fundamental rights are litigable, that is, a petition can be filed in the court on its violation. And it can be enforced by the court.
But the Directive Principles of State Policy are not litigious. Meaning overall, Fundamental Rights are legally valid, whereas Directive Principles have moral and political recognition.
Fundamental rights promote individual welfare, thus it is individual.
Whereas the Directive Principles encourage the welfare of the community, thus it is socialist.
Legislation is not required to implement the Fundamental Rights, they are self-implemented.
While legislation needs to be made to implement the Directive Principles, they do not automatically apply.
If the court finds that any law is violating the fundamental rights, then they can declare that law unconstitutional and illegal.
Whereas in the case of Directive Principles, the Court cannot do so.
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