FUNDAMENTAL RIGHTS VS DIRECTIVE PRINCIPLES | UPSC EXAM

 

     FUNDAMENTAL

RIGHTS

DPSP

Found in Part III of the constitution (Article 12-35) Found in Part IV of the Constitution (Article 36-51)
They are borrowed from the Constitution of USA. They are borrowed from the Constitution of the Ireland.
They are negative in nature as they prevent state from doing certain things. They are positive in nature as they recommend the state to do something for the welfare of people
In case of their violation, one can seek judicial help as they are legally enforceable. They are non-justiciable and cannot be legally challenged before court in case of their violation.
They promote political democracy in the country. They promote social and economic democracy in the country.
They focus on welfare of every citizen individually. They focus on welfare of the entire community.
They are automatically applicable. They need to be implemented by the Government.
All the fundamental rights except given under Article 20 &21, can be suspended during a national emergency. Directive Principles of State Policy can never be suspended.
They impose restrictions on the State to protect individual’s rights. They help the Government to achieve objectives for social welfare.
A law can be declared as invalid and unconstitutional by the court if it violates the fundamental rights. If a law violates Directive Principles, court do not have any power to rule out that law.

 

 

Leave a Reply

Your email address will not be published.