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Everything you need to know about CLAT: Registration, Syllabus, Admit Card, Exam Pattern, and Dates » CLAT Study Material » Legal Reasoning » Fundamental Rights and Directive Principles
CLAT Scholarship

Fundamental Rights and Directive Principles

This article will highlight the difference between Fundamental Rights and Directive Principles along with their definition and significance.

Table of Content
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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

  • Right to freedom of speech and expression

  • Right to assemble peaceably and without arms

  • Right to form associations or unions or co-operative societies

  • Right to move freely throughout the territory of India

  • Right to reside and settle in any part of the territory of India

  • Right to practice any profession or to carry on any occupation, trade or business

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:

  • Habeas Corpus

  • Mandamus

  • Quo Warranto

  • Prohibition

  • Certiorari

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.

 
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Frequently asked questions

Get answers to the most common queries related to the CLAT Examination Preparation.

What are Fundamental Rights?

Answer- Fundamental Rights are those rights which every citizen should enjoy by virtue of being a citizen of India ....Read full

What is DPSP?

Answer- The DPSPs are the instructions given to the central and state government of the country, so as to refer to t...Read full

What is the Significance of Fundamental Rights in India?

Answer- The fundamental rights are a part of the constitution which is supposed to be supreme and cannot be changed ...Read full

What is the importance of DPSPs?

Answer- DPSPs can ensure that the government adheres to its promises and duties. Further, it can ensure that it work...Read full

Answer- Fundamental Rights are those rights which every citizen should enjoy by virtue of being a citizen of India . They refer to basic freedoms guaranteed to the citizens by the Constitution of India . The list consists of 10 articles in total , out of which 7 rights can be enforced through legal remedies (Judicial Review) and 3 rights depend on non-legal remedies (such as public opinion, protests and non-violent demonstrations).

Answer- The DPSPs 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.

Answer- The fundamental rights are a part of the constitution which is supposed to be supreme and cannot be changed or abridged. They ensure that all the citizens are treated equally irrespective of caste, creed , religion etc. Further, they also ensure that individual freedom is respected and there are no discriminations against any particular sect or class of people.

Answer- DPSPs can ensure that the government adheres to its promises and duties. Further, it can ensure that it works in an efficient manner with justice and equality as end results. The DPSPs are also very much important while judging the performance of governments, such as developmental policies, educational policies etc.

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