Fundamental Rights and Directive Principles of State Policy- both are guidelines of the welfare state. In other words, that are instructions and directions for the Indian state on how to run its policies and programmes. This article will highlight the difference between Fundamental Rights and Directive Principles of State Policy which are the instructions given to the central and state government of the country, so as to refer to them while formulating the laws and policies, and to ensure a just society.
What are Fundamental Rights?
Fundamental rights are the basic rights and freedoms which every citizen should enjoy. In India, it is a part of the Constitution . They come in the form of a Supreme Law of the Land which can never be changed or contravened.
Constitutional Provisions on Fundamental Rights:
Article 12 to 35 covers the provisions on fundamental rights. The complete list is shown below:
Right to Equality |
14 |
Equality Before Law |
15 |
Prohibition of Discrimination |
|
16 |
Equality of Opportunity in Public Employment |
|
17 |
Abolition of Untouchability |
|
18 |
Abolition of Titles |
|
Right to Freedom |
19 |
Protection of 6 Rights
|
20 |
Protection in Respect of Conviction for Offences |
|
21 |
Protection of Life and Personal Liberty |
|
21-A |
Right to Education |
|
22 |
Protection Against Arrest and Detention |
|
Right Against Exploitation |
23 |
Prohibition of Human Trafficking and Forced Labour |
24 |
Prohibition of Child Labour |
|
Right to Freedom of Religion |
25 |
Freedom of Conscience, Profession, Practice and Propagation |
26 |
Freedom to Manage Religious Affairs |
|
27 |
Freedom from Taxation for Promotion of a Religion |
|
28 |
Freedom from Attending Religious Instruction |
|
Educational and Cultural Rights |
29 |
Protection of Interests of Minorities |
30 |
Right of Minorities to Establish and Administer Educational Institutions |
|
Right to Constitutional Remedies |
32 |
Right to remedies for the enforcement of the fundamental rights using five writs:
|
33 |
Empowers the Parliament to restrict or abrogate the fundamental rights of the ‘Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies and analogous forces |
|
34 |
Provides for the restrictions on fundamental rights while martial law(military rule) is in force |
|
35 |
Empowers the Parliament to make laws on Fundamental Rights |
What are Directive Principles?
Directive Principles are the instructions given to the central and state government of the country, so as to refer to them while formulating the laws and policies, and to ensure a just society. The principles are embodied in Part IV and listed in article 36 to 51 of the constitution. Directive Principles are non-justiciable, in the sense that they cannot be enforced in the court of law. However, these are recognized as important in the governance of the State. These principles aim at creating such a socio-economic environment, which can help the citizens to live a good life. Further, the directive principles also gauge the performance of government, concerning the objectives achieved by it.
What are Directive Principles of State Policy (DPS)?
Directive Principles of State Policy (DPS) are the instructions given to the central and state government of the country, so as to refer them while formulating the laws and policies, and to ensure a just society. The principles are embodied in Part IV and listed in article 36 to 51 of the constitution.
Directive Principles are non-justiciable, in the sense that they cannot be enforced in the court of law. However, these are recognized as important in the governance of the State. These principles aim at creating such a socio-economic environment, which can help the citizens to live a good life. Further, the directive principles also gauge the performance of government, concerning the objectives achieved by it.
Difference between Fundamental Rights and DPSP:
1) The DPSPs are the guidelines for the government to work in accordance with the best interest of the people, whereas, fundamental rights are those rights which are given to every citizen, by virtue of being a citizen of India.
2)Fundamental rights are stated in article 12- 35 and allied articles , whereas DPSPs are listed in article 36 to 51 .
3)DPSP is not enforceable but Fundamental Rights is enforceable.
Conclusion:
Fundamental Rights and DPSPs both are an important aspect in the governance of the state. The former enhances the freedom and rights of its citizens while the latter is instrumental in creating a well known society. This article has clearly highlighted the difference between Fundamental Rights and DPSPs, which ensure that there is a just society, so as to provide proper opportunities to keep each other equally happy.