Sambhav-2023

Approach

• Start your answer by giving a brief about the Fundamental Rights (FR) and Directive Principle of State Policy (DPSP).
• Compare and contrast between FR and DPSP.
• Conclude suitably.

Introduction

The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. Dr. B.R. Ambedkar described these principles as ‘novel features’ of the Indian Constitution. The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution. Granville Austin has described the Directive Principles and the fundamental rights as the ‘Conscience of the Constitution’.

Body

Difference Between Fundamental Rights and Directive Principle of State Policy (DPSP)
Fundamental Rights	Directive Principles of State Policy
1. These are negative as they prohibit the State from doing certain things.	1. These are positive as they require the State to do certain things.
2. These are justiciable, that is, they are legally enforceable by the courts in case of their violation.	2. These are non-justiciable, that is, they are not legally enforceable by the courts for their violation.
3. They aim at establishing political democracy in the country.	3. They aim at establishing social and economic democracy in the country.
4. They have legal sanctions.	4. These have moral and political sanctions.
5. They promote the welfare of the individual. Hence, they are personal and individualistic.	5. They promote the welfare of the community. Hence, they are societarian and socialistic.
6. They do not require any legislation for their implementation. They are automatically enforced.	6. They require legislation for their implementation. They are not automatically enforced.
7. The courts are bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid.	7. The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.

Conclusion

Although the Fundamental Rights and Directive Principles of State Policy are different in their values and objectives but both are significant for the all-round development of the personality of the citizens.