EDITORIALS & ARTICLES
Article 12 to 35 contained in Part III of the Constitution deals with Fundamental Rights. These are: Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion and Cultural and educational rights. Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution.
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Fundamental Rights |
Directive Principles |
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End goal |
Ensure Political Democracy. |
Ensure Social and Economic Democracy. |
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Source of Borrowing |
United States of America. |
Ireland |
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Justiciability |
Courts can intervene in cases of violations of fundamental rights, and individuals can seek legal remedies. |
While not directly enforceable, the principles can be used by the courts to interpret laws. If a law is found to be in conformity with the directive principles, it may be considered constitutionally valid. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court placed the Directive Principle of State Policy on a higher Position than the Fundamental Right |
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Nature |
Negative in nature simply because they prohibit the State from taking any action which may violate the Fundamental Rights of the citizen. |
Positive in nature as it requires the State to do certain things as opposed to restricting the State. |
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How are they enforced |
Automatically upheld and does not require the implementation of any legislation. In case of any violation of Fundamental Right the aggrieved person can approach the High Court (Article 226) or the Supreme Court (Article 32) for remedy. |
Not automatically enforced. legislation must be passed in order for them to be put into effect. |
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Individual vs. State |
Primarily focuses on protecting the rights of individuals from the actions of the state. |
Primarily guide the state in its policies and actions for the overall welfare of the people. |
Importance of Directive Principles in achieving social and economic justice in a democratic society
Flexible Guidelines:
In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’. The delicate balance between fundamental rights and directive principles is essential for fostering a just and equitable society. While fundamental rights safeguard individual liberties, directive principles provide a roadmap for the state to ensure social and economic justice.
General Studies
Political Science and International Relations