Difference between Fundamental Rights and Directive Principles of State Policy

Fundamental Rights and the Directive Principles of State Policy (DPSPs) are two essential pillars of the Indian Constitution. While Fundamental Rights guarantee individual liberty and protect citizens from arbitrary state action, the Directive Principles aim to promote social and economic welfare by guiding the state in policymaking. Together, they reflect the Constitution’s vision of justice, equality, and dignity for all. Despite their shared goal of national development, they differ significantly in terms of enforceability, legal status, and scope. This article explores the key Difference between Fundamental Rights and Directive Principles of State Policy and their role in shaping India’s constitutional and governance framework.

Fundamental Rights

Fundamental Rights are discussed in Part III of the Indian Constitution, spanning Articles 12 to 35. These rights are guaranteed to all citizens to ensure the protection of individual freedom, dignity, and equality. They serve as a safeguard against arbitrary actions by the state or any public authority and are essential for promoting a society where liberty, justice, and equality prevail. Fundamental Rights play an important role in the holistic development of individuals and the advancement of a democratic and inclusive society.

Key Features

• Enforceable by the judiciary under Article 32 and Article 226.
• Protect individuals against arbitrary actions of the state.
• Aim to ensure political democracy and civil liberties.
• Examples include the Right to Equality (Article 14-18), Right to Freedom (Article 19-22), Right to Constitutional Remedies (Article 32), etc.

Directive Principles of State Policy (DPSPs)

The Directive Principles of State Policy (DPSP), are discussed in Part IV (Articles 36 to 51) of the Indian Constitution, serve as non-justiciable guidelines for the government. Although not enforceable by any court of law, these principles are fundamental in the governance of the country. DPSPs aim to create a just and equitable social order by promoting the economic, social, and political welfare of the people. They guide the State in formulating policies and enacting laws that seek to uphold justice and enhance the well-being of all citizens.

Key Features

• Act as moral obligations on the state.
• Promote social and economic democracy.
• Aim to ensure a welfare state and equitable society.
• Include provisions like securing a living wage, equal pay for equal work, promotion of education and health, uniform civil code, etc.

Difference between Fundamental Rights and Directive Principles of State Policy

The table below outlines the key Difference between Fundamental Rights and Directive Principles of State Policy, primarily highlighting their nature, scope, and enforceability within the framework of the Indian Constitution.

Fundamental Rights and Directive Principles of State Policy Significance

The Supreme Court of India, through various judgments, has tried to harmonize Fundamental Rights and DPSPs:

• Champakam Dorairajan Case (1951): FRs were held supreme over DPSPs.
• Kesavananda Bharati Case (1973): Introduced the doctrine of basic structure, balancing both FRs and DPSPs.
• Minerva Mills Case (1980): Reaffirmed the importance of both, stating that FRs and DPSPs are complementary and not contradictory.

Important Articles to Remember

Here are some of the most Important Articles to Remember of the Indian Constitution that highlight fundamental rights and directive principles, reflecting the core values, freedoms, and duties.

‹ ›