Difference Between Fundamental Rights and DPSPs

Difference Between Fundamental Rights and Directive Principles of State Policy

Fundamental Rights and Directive Principles of State Policy are included in Part-III and Part-IV of Indian constitution. Get here Difference Between Fundamental Rights and DPSPs.

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Difference Between Fundamental Rights and Directive Principles of State Policy

In the democratic framework of governance, a country’s constitution plays a pivotal role in safeguarding the rights and welfare of its citizens. India, as a sovereign republic, enshrines two significant pillars of justice and inclusivity within its constitution – Fundamental Rights and Directive Principles of State Policy.

While both these constitutional provisions aim to ensure the holistic development of the nation and its people, they differ in their nature, enforceability, and underlying objectives. Understanding these distinctions is essential to grasp the dynamic balance between individual liberties and societal progress that forms the bedrock of India’s constitutional framework.

Fundamental Rights:

Fundamental Rights are basic human rights protected by the Indian Constitution and guaranteed to all citizens. They apply equally, regardless of race, religion, or gender, and can be enforced in court under certain conditions.

Why are they called Fundamental Rights?

They are called Fundamental Rights because:

They are guaranteed by the Constitution.
They can be enforced in court, allowing individuals to seek justice if their rights are violated.

There are six fundamental rights in the Indian Constitution.

Right to Equality (Article 14-18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23-24)
Right to Freedom of Religion (Article 25-28)
Cultural and Educational Rights (Article 29-30)
Right to Constitutional Remedies (Article 32)

Directive Principles of State Policy

The Indian Constitution classifies Directive Principles of State Policy (DPSPs), but they are generally grouped into three types:

Socialistic Principles
Gandhian Principles
Liberal-Intellectual Principles

DPSP – Socialistic Principles
Directive Principles of State Policy (DPSPs) are guidelines aimed at achieving social and economic justice and guiding the country toward a welfare state. They instruct the government to:
Article 38	Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimize inequalities in income, status, facilities and opportunities
Article 39	Secure citizens: Right to adequate means of livelihood for all citizens Equitable distribution of material resources of the community for the common good Prevention of concentration of wealth and means of production Equal pay for equal work for men and women Preservation of the health and strength of workers and children against forcible abuse Opportunities for the healthy development of children
Article 39A	Promote equal justice and free legal aid to the poor
Article 41	In cases of unemployment, old age, sickness and disablement, secure citizens: Right to work Right to education Right to public assistance
Article 42	Make provision for just and humane conditions of work and maternity relief
Article 43	Secure a living wage, a decent standard of living and social and cultural opportunities for all workers
Article 43A	Take steps to secure the participation of workers in the management of industries
Article 47	Raise the level of nutrition and the standard of living of people and to improve public health

DPSP – Gandhian Principles
These principles are based on Gandhian ideas and reflect the plans for rebuilding that Gandhi shared during the national movement. They instruct the government to
Article 40	Organise village panchayats and endow them with the necessary powers and authority to enable them to function as units of self-government
Article 43	Promote cottage industries on an individual or cooperation basis in rural areas
Article 43B	Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies
Article 46	Promote the educational and economic interests of SCs, STs, and other weaker sections of society and protect them from social injustice and exploitation
Article 47	Prohibit the consumption of intoxicating drinks and drugs which are injurious to health
Article 48	Prohibit the slaughter of cows, calves, and other milch and draught cattle and improve their breeds

DPSP – Liberal-Intellectual Principles
These principles reflect the ideology of liberalism. Under various articles, they direct the state to:
Article 44	Secure for all citizens a Uniform Civil Code throughout the country
Article 45	Provide early childhood care and education for all children until they complete the age of six years. (Note: 86th Amendment Act of 2002 changed the subject matter of this article and made elementary education a fundamental right under Article 21 A.)
Article 48	Organise agriculture and animal husbandry on modern and scientific lines
Article 49	Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance
Article 50	Separate the judiciary from the executive in the public services of the State
Article 51	Promote international peace and security and maintain just and honourable relations between nations Foster respect for international law and treaty obligations Encourage settlement of international disputes by arbitration

Read about: Important Articles of Indian Constitution

Fundamental Rights and Directive Principles of State Policy Key Differences

Here is a table that gives the difference between Fundamental Rights and Directive Principles of State Policy:

Aspect	Fundamental Rights	Directive Principles of State Policy
Nature	Fundamental Rights can be enforced in court, meaning citizens can go to court if these rights are violated. They are very important and provide legal protection to individuals.	Directive Principles of State Policy cannot be enforced in court. While they are important guiding principles, individuals cannot seek legal remedies if the government does not follow them.
Enforceability	Fundamental Rights can be enforced through legal actions in court. If a law or government action violates these rights, citizens can challenge it in court.	Directive Principles do not give citizens the same rights to take legal action in court. While they outline the government’s responsibilities, citizens cannot file lawsuits just for violations of these principles.
Legal Provisions	Fundamental Rights are listed in Part III of the Indian Constitution, in Articles 12 to 35. These articles explain different rights and freedoms that individuals have.	Directive Principles are found in Part IV of the Indian Constitution, in Articles 36 to 51. They provide guidelines for government policies and actions to ensure the welfare of the people.
Individual vs. State	Fundamental Rights are designed to protect the personal freedoms of citizens. They act as checks on government power to ensure a fair and just society.	Directive Principles aim to promote the welfare of the state and its people. They guide the government in creating policies for economic and social justice and to improve people’s quality of life.
Nature of Rights	Fundamental Rights are absolute and cannot be violated. If they are, it is considered unlawful and unconstitutional. Citizens have a clear legal right to these rights.	Directive Principles are more like goals and ideals for the state. They are flexible and depend on the country’s social and economic conditions for implementation.
Scope of Application	Fundamental Rights are applicable to both citizens and non-citizens residing in India. These rights extend to all individuals, regardless of their nationality.	Directive Principles are primarily directed towards the State’s role in governance and public policy. They apply to the government’s decision-making processes and the formulation of laws and policies.
Examples of Rights	Fundamental Rights include essential rights such as the Right to Equality, the Right to Freedom of Speech and Expression, the Right to Religion, the Right to Life, and Personal Liberty, among others.	Directive Principles include rights related to the Right to Work, Right to Education, Right to Health, Right to Social Security, and Protection of National Monuments, among others.
Duty of the State	The State has a constitutional duty to protect and uphold Fundamental Rights. It must ensure that laws and policies do not infringe upon these rights, and it must safeguard the liberties of its citizens.	The State has a duty to apply Directive Principles in making laws and policies. It is required to strive to achieve the goals outlined in these principles and work towards the welfare of the people.
Conflict Resolution	In case of a conflict between Fundamental Rights and any law or action of the State, Fundamental Rights take precedence, and the court will ensure the protection of individual rights.	In certain situations, Directive Principles may take precedence over Fundamental Rights. This may happen when the court considers that the application of Directive Principles is essential for achieving a just and equitable society.
Historical Perspective	The concept of Fundamental Rights in the Indian Constitution is inspired by the American Bill of Rights, which grants certain inalienable rights to its citizens.	The Directive Principles of State Policy were derived from the Irish Constitution, which provided for the social, economic, and political rights of its citizens.
Relationship with Citizens’ Rights	Fundamental Rights act as a check on the State’s power and ensure that individual liberties are protected. These rights empower citizens to challenge any arbitrary or oppressive actions by the government.	Directive Principles complement Fundamental Rights and ensure that the State works towards the collective well-being and development of society. They guide the State in formulating policies that promote social and economic justice.
Impact on Citizens’ Lives	Fundamental Rights provide immediate legal remedies and safeguards against any infringement on individual liberties. Citizens can exercise these rights to protect themselves from unjust actions.	Directive Principles may take longer to realize their impact on society as they require policy implementation and long-term planning. Their full realization depends on the State’s commitment to their implementation and the availability of resources.

Read about: Supreme Court of India

Difference Between Fundamental Rights and DPSPs UPSC

The difference between Fundamental Rights and Directive Principles of State Policy is crucial for the UPSC exam. It falls under the UPSC Syllabus, which requires aspirants to understand the Indian Constitution’s provisions and the governance framework. Fundamental Rights are justiciable and enforceable, ensuring individual liberties, while Directive Principles are non-justiciable, guiding the state’s policies towards the welfare of the people. Understanding this distinction aids aspirants in tackling questions related to the Indian Constitution, governance, and the delicate balance between individual rights and the state’s responsibility to uplift society. Aspirants can prepare such topics through UPSC Online Coaching and UPSC Mock Test.

Read about: Salient Features of Constitution of India

Difference between Fundamental Rights and Directive Principles of State Policy FAQs

What is the basic difference between FR and DPSP?

Fundamental Rights are justiciable and enforceable, providing legal protection to individual liberties, whereas Directive Principles of State Policy are non-justiciable and aim to guide the state in formulating policies for the welfare of the people.

What is the relationship between FRS and DPSP?

Directive Principles complement Fundamental Rights, guiding the State towards the collective well-being and development of the society.

What is the precedence of DPSP over FR?

In certain situations, DPSP may take precedence over FR when the court considers their application essential for achieving a just and equitable society.

Why DPSP is not enforceable?

DPSP is not enforceable in courts as they are aspirational and depend on the availability of resources and socio-economic conditions.

Which amendment gave priority to DPSP over FR?

The 42nd Amendment of the Constitution in 1976 added Article 31C, which provided precedence to certain DPSP over FR, specifically in relation to laws aimed at implementing the Directive Principles.