The Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties sections of the Constitution of India are some of the vital elements of the constitution. Developed in 1949 by the Constituent Assembly of India, outlines the fundamental obligations of states toward their citizens and the duties and rights of citizens toward the state.
Deep understanding of these sections and the differences between them i crucial for everyone and especially for someone pursuing IAS/UPSC civil services exams. Let’s take a deep dive into these crucial aspects of the Indian Constitution.
What is meant by Fundamental Rights ?
As embodied in Part III of the Constitution, the Fundamental Rights are the basic human rights guaranteed to all citizens of the Nation, irrespective of anything, in the Constitution of India.
What does it guarantee?
The fundamental Rights guarantee civil rights to all Indians and bar the state from encroaching upon an individual’s liberty while at the same time placing an obligation on the State to protect these rights.
Below stated are some of the fundamental rights provided by the Constitution:
- The right to Equality
- The right to Freedom
- The Right against Exploitation
- The Right to Freedom of Religion
- Cultural and Educational Rights
- The Right to Constitutional Remedies
By preserving individual freedom and ensuring equality for all members of society, the Fundamental Rights program preserves individual liberty and democracy.
The Supreme Court of India and the High Courts of the states, however, can intervene if these constitutional rights are violated in such a way that such legislative or executive action is declared unconstitutional and void. As Dr. Ambedkar put it, the legislator’s duty is not only to provide fundamental rights but also, and most importantly, to protect them.
– It is to be noted that these fundamental rights are not absolute; as necessary for the protection of the public interest, they are subject to reasonable restrictions.
Why The Right to property, which once was a Fundamental Right, is not anymore?
As part of the original Fundamental Rights, the Right to Property was removed by the 44th Constitutional Amendment.
The reason being that this particular and only right was in some ways becoming a barrier to attaining socialism and redistributing wealth fairly.
Though the Right to Property is not a Fundamental Right anymore, it continues to be a Legal Right.
- The Fundamental Rights apply to any and everyone in the Nation.
- The Constitution guarantees these Fundamental Rights.
- These rights can be enforced by law.
Get more key pointers by experts at Groups Online Coaching
Directive Principles of theState Policy
Embodied in Part IV of the Indian Constitution, the Directive Principles of State Policy (DPSP) of India can be explained as the guidelines or can be termed as ‘principles’ that are given to the institutes for governing the State of India. As it is given to the state of India, the responsibility of its law and order follows the states as well.
These Directive Principles or guidelines are also classified under some criteria, below are a few of the segregations categories:
- Economic and Socialistic
- Political and Administrative
- Justice and Legal
- Protection of Monuments
Within these categories there were several guidelines that need to be followed and taken care of as the Directive Principles of State Policy.
However, none of the guidelines are enforceable by any court in the country, but the principles outlined are considered ‘Fundamental‘ to the governance of the country, consequently, it is the State’s responsibility to apply these principles to make laws for establishing a just society.
– Do you know?
The guidelines which are termed Directives Principes now have been inspired by the Directive Principles given in the Constitution of Ireland which are related to social justice, economic welfare, foreign policy, and legal and administrative matters.
Five major differences between the Fundamental Rights and Directive Principles of State Policy
The Fundamental Rights are all the rights necessary for all citizens of a country and the Directive Principles of State Policy are the guidelines that are used/referred to formulate policies and laws of the country.
- Defined in a separate section:
The Fundamental Rights were defined in Part III of the Constitution whereas Directive Principles were defined in Part IV of the Constitution.
The Fundamental Rights can be enforced by the law. However, this is not the case with Directive Principles as they are not legally enforceable.
The Fundamental Rights were created to establish political democracy in the Nation. The Directive Principles on the other hand aim to establish social and economic democracy in the country.
- Targeted Towards:
The Fundamental Rights are made for citizens of the nation, making these rights welfare for individuals. Hence, they are targeted toward personal aspects. While Directive Principles largely act as welfare to the community and thus are targeted toward socialists.
Get more differences by experts at TSPSC Online Coaching
These differences and the basic understanding of vital aspects of our constitution can greatly help you with the government jobs, UPSC Civil Service Exams, or just knowing our Nation a bit better!
Thank you for reading, if you’re interested in such topics, keep an eye on our blogs as we always keep them updated with topics and information that makes an impact.
AceOnline, an online platform, students’ one-stop solution for all the study backup they need. Do check out our latest releases and courses to Ace your exams!