Characteristics of Directive Principles

There are certain characteristics of Directive Principles that distinguish it from Fundamental Rights. The most important conflict between the two is that Fundamental Rights are justiciable, while Directive Principles are not. This means that if there is a conflict between the State and an individual with respect to the Fundamental Rights, then the individual can approach a court of law for relief. However, in case of conflict between Directive Principles and Fundamental Duties, the individual cannot approach a court of law. Another difference is that while Fundamental Rights are absolute rights given to individuals by the Constitution, Directive Principles are not absolute and can be amended by Parliament as they see fit. The relationship between these two sets of rights is complex and has been debated extensively by legal experts.

What are the Characteristics of Directive Principles?

There are several characteristics of Directive principles. They are:

– They conflict with Fundamental Rights.

– They are not justiciable in a court of law.

– They cannot be enforced by any legal process.

– They are subject to change from time to time.

– They are not static and can be changed according to the needs of the people.

– They can be amended or repealed by the Parliament.

– They are not permanent and can be changed according to the changing needs of society.

– They are not enforceable by any legal process.

– They are meant for the long term welfare of the people and not for immediate gains.

– They promote social, economic and political justice.

– They are directed towards the establishment of a welfare state.

– They lay down the principles which should guide the government in framing laws and policies.

– They aim at promoting the common good of the people.

– They are based on the philosophy of socialism.

– They are meant for the guidance of future generations.

Relationship between the Fundamental Rights and the Directive principles

The Fundamental Rights and the Directive Principles are complementary to each other. The Fundamental Rights aim at securing social and economic justice, liberty of the individual and equality of status and opportunity whereas the Directive Principles lay down the principles which ought to guide the State in making laws for securing these rights.

There is, however, a conflict between some of the Fundamental Rights and Directive Principles. For instance, the right to property is a Fundamental Right but it conflicts with the Directive Principle that the State shall promote distributive justice by ensuring that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

The conflict between some of the Fundamental Rights and Directive Principles is due to the fact that the Fundamental Rights are justiciable while the Directive Principles are not. The conflict between the Fundamental Rights and Directive Principles can be resolved by amending the Constitution so as to make all or some of the Directive Principles justiciable, or by interpreting some of the Fundamental Rights in such a way as to bring them into conformity with the Directive Principles.

The conflict between the Fundamental Rights and Directive Principles is not an unusual phenomenon. It is found in all federal Constitutions. The conflict can be resolved either by making the Directive Principles justifiable or by interpretation. In India, the conflict has been resolved by both methods. Some of the Directive Principles have been made justiciable by amendment of the Constitution while some of the Fundamental Rights have been interpreted in such a way as to bring them into conformity with the Directive Principles.

Conclusion

The Directive Principles of State Policy are an important part of the Constitution of India. They lay down the guidelines for the government to follow in framing laws and policies. The conflict between the Directive Principles and the Fundamental Rights is an important issue that needs to be addressed by the government. The relationship between the Fundamental Rights and the Directive Principles is an important aspect to consider while interpreting the Constitution. The Directive Principles and the Fundamental Duties are two different but interrelated concepts. The Directive Principles are a set of guidelines for the government to follow in framing laws and policies.