In the constitution, ‘Rights’ has a great role to play in the sustenance of the democracy. It allows the citizens to express their views, form political parties and participate in the political activities. It also safeguard 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.
Fundamental Rights are often compared and contrasted with the Directive Principles of the State Policy. These are the guidelines that are considered at the time of framing policies and making laws.
Take a read of this article to understand the difference between Fundamental Rights and Directive Principles.
Content: Fundamental Rights Vs Directive Principles
|Basis for Comparison||Fundamental Rights||Directive 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|
|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|
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.
Key Differences Between Fundamental Rights and Directive Principles
The difference between fundamental rights and directive principles are discussed in the points given below:
- Fundamental Rights can be understood as the basic freedoms enjoyed by every citizen of the country, which is recognized by society and sanctioned by the State. Conversely, When laws and policies are framed by the central or state government, certain principles are considered, called as directive principles of state policy.
- Fundamental rights are defined under Part III of the Constitution, comprising articles from 12 to 35. As against, Directive Principles of State Policy are embodied under Part III of the Constitution, containing articles from 36 to 51.
- Fundamental rights are negative in nature, in the sense that it prevents the government from doing certain things. In contrast, Directive Principles are positive, as it requires the government to do certain things.
- Fundamental Rights are justiciable, as they can be enforced, whereas the directive principles are non-justiciable, in that, they are not enforceable in the court of law.
- While fundamental rights establish political democracy, directive principles set social and economic democracy.
- Fundamental Rights are legal sanctions, but directive principles are moral and political sanctions.
- Fundamental Rights follows an individualistic approach, and so it promotes individual welfare. On the contrary, Directive Principles promotes the welfare of the community as a whole.
In short, fundamental rights are essential rights awarded to the citizens by the government, to live life with equality, liberty and justice. Conversely, Directive Principles are nothing but the directions which are kept in mind by the government agencies while framing laws; even the judiciary has to consider them at the time of giving their verdict on the cases.