Fundamental Rights vs DPSP

Fundamental Rights Versus DPSP

Question : What is the significance of the DPSP/Directive Principles of State Policy as against the Fundamental Rights? Elaborate.

• DPSP places ideals before the Indian legislators to guide them when they frame policies and laws

• DPSP is a code of conduct for legislators and administrators which shows the country the ideals

• The Preamble has deeply influenced DPSP which is non justifiable, non enforceable rights as against Fundamental Rights

• The basic objective of the Fundamental Rights is to protect the individual from being deprived of his basic rights

• DPSP on the other hand aims to create a welfare state

• Fundamental rights limit state action against an individual while DPSP is a positive directive to the state to maintain economic, social and political justice

• Fundamental rights are justifiable in that person can approach court if they are infringed as against DPSP which are non justifiable and one cannot approach the court if they are infringed

• Fundamental rights are guaranteed by the Constitution but DPSP requires legislation for implementation

• Fundamental rights are for the citizen while DPSP is meant for the State; while the former is individualistic, the latter is socialistic

• Fundamental rights are stronger; courts are bound to declare void any law that violates fundamental rights; the same does not hold true for DPSP

• Fundamental Rights are automatically enforced while DPSP needs either legislation or policy intervention for proper implementation

• Fundamental rights aim to establish political democracy while DPSP seeks to establish socio-economic democracy

• Fundamental rights are recognised by the State while DPSP are merely directions

• Some fundamental rights of citizens remain suspended during national emergency but this is not so for DPSP

• Fundamental rights are not absolute while DPSP is not subject to constitutional limitations

• In case of conflict between the two, fundamental rights is given precedence

• Fundamental rights are precise and concrete while DPSP is of general nature and wider impact

Facts and Stats

• DPSP and fundamental rights are closely linked

• DPSP was framed after inspiration from the Irish and Spanish Constitution

• DPSP is part IV of the Indian Constitution; Fundamental rights is part III of the Constitution
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