Fundamental Rights

General Knowledge

Fundamental Rights

Reviewed by:

Nafeez Khan

What is Fundamental Rights?

Fundamental rights are the higher degree of protection from encroachment to every citizen of the nation. Fundamental rights are the group of rights that are recognized by the supreme court of India. All the fundamental rights are specifically created and kept in the Indian constitution or found under Due process of law. The fundamental rights are kept under part III of the Indian constitution. Examples of fundamental rights are the right to self-determination, the right to liberty, the right to freedom of expression, etc.

What are the Directive Principles of State Policy?

The Directive Principles of state policy were formed mainly to promote the welfare of people by securing and protecting the social and economic conditions of the citizens. The directive principles of state policy also provide social and economic democracy through state welfare. These directive principles are also guiding the executive agencies of the unions and states. The Directive Principles of state policy are kept under part IV of the Indian constitution. Examples of the directive principles are Right to work, Right to education, etc.

Differentiate Between Fundamental Rights and Directive Principles

The major difference between DPSP and the fundamental rights of the Indian constitution is given below. Usually, the fundamental rights are justifiable. They are also enforceable rights. But the directive principles of state policy are non-justifiable. But, the directive principles of state policy cannot override fundamental rights. The fundamental rights of the Indian constitution are mainly for providing political rights, but the directive principles of state policy of the Indian constitution are mainly for providing social and economic rights.

In the Indian constitution, fundamental rights are mentioned from article 12 to article 35. The directive principles of state policies are mentioned from article 36 to article 51.

The below table shows all the differences between fundamental rights and directive principles in detail.

Distinguish Between Fundamental Rights and Directive Principles of State Policy

S.No	Fundamental Rights	Directive Principles
1.	The fundamental rights are considered negative. Because they are restricting states or unions to do certain things.	Usually, the directive principles are positive. Because they are allowing states or unions to do certain things.
2.	The fundamental rights are justifiable during some violations as they are legally enforced by the supreme court of India.	The directive principles are non-justifiable, as they are not legally enforced by the court during the violation.
3.	The fundamental rights are created mainly to establish political democracy in the country.	The directive principles are established mainly for developing social and economic democracy in the country.
4.	Legal sanctions are available for fundamental rights.	Legal and political sanctions are available for derivative principles of state policy.
5.	The fundamental rights are mainly used for promoting the welfare of individuals. So, they are also called personal and individualistic.	The Directive Principles of state policies are mainly used for promoting the welfare of the community. Hence, they are called societarian and socialistic.
6.	Usually, fundamental rights do not require any legal legislation for implementation. Because they are enforced automatically.	The directive principles of state policies require legislation for implementing them. Because they cannot be enforced automatically.
7.	The courts in India have the right to punish law violations of fundamental rights. The courts can also declare the fundamental rights as unconstitutional and invalid.	The courts in India do not have the power to declare a law violative of any of the directive principles as unconstitutional and invalid. But the courts can also uphold the validity of a law on the ground. That has the power to give effect to a directive.
8	Indian constitution borrowed fundamental rights from the constitution of the United States of America.	Indian constitution borrowed directive principles of state policy from the constitution of Ireland. This was also copied from the constitution of Spain.
9	The government of India can suspend fundamental rights during a national emergency. But the rights given to the individuals through Article 20 and Article 21 cannot be suspended.	No government has the power to suspend the Directive Principles of State Policy under any circumstances.
10	Sometimes, fundamental rights are considered as a restriction imposed on the state.	The directive principles of state policies are providing directions to the government and helping them to achieve some objectives.
11	According to the law, violation of Fundamental rights is punishable.	As a violation of Fundamental Rights, the violation of directive principles is not such a big crime.

Usually, finding the difference between DPSP and fundamental rights is very difficult. But, the above table clearly explained the difference between fundamental rights and directive principles of state policy present in the constitution of India. This helps to know, what is fundamental rights and directive principles, how the fundamental rights and directive principles in the Indian constitution support the life of every citizen in India.

FAQs on Fundamental Rights

1. What are the fundamental rights and directive principles of state policy?

The Fundamental Duties, Fundamental Rights, and the directive principles of state policy are the sections of the Indian constitution. They are prescribing the fundamental obligations of the state to its citizens. They are also playing important role in prescribing the duties of the citizens to the State.

2. Which directive principles became fundamental rights?

Usually, the relationship between fundamental rights and directive principles of state policy present in part III and part IV is complex. Both are recognized by the Legislature in the 86th Constitutional Amendment Act of 2002. Here, the Right to education was early the element of part IV of the Indian constitution.

3. What is the difference between fundamental rights and directive principles?

The major difference between fundamental rights and directive principles of state policy is given here. Fundamental rights are the basic rights given to all the citizens of India. The directive principles will mainly deal with the rights given by the state government. Those are the formulated policies and laws enacted by the state government.