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Since 26th January 1950, our country has taken into account the constitution of India for the purpose of demarcating the duties of respective authorities and the ways they should function in a country.
The Constitution of India circumscribes the structure, code, procedure, fundamental rights the duties of the citizens of the country and the government institutions as to how they should function and leas the country filled with diversity in a way that they can live with harmony.
For a country as diverse as India where the numbers of cultures, religions, languages, traditions and practices are infinitesimal, the creation of a written word was a crucial requirement for its proper functioning.
Fundamental Rights
Fundamental rights are the basic rights every human being has access to. No one should not be deprived of these fundamental rights as they are the basic minimum every person deserves. These rights are mentioned in the constitution of the country.
From the point of view of the UPSC syllabus, the topic of Fundamental rights is of great importance not only from an exam point of view but also for a person to understand the functioning of society, one must first understand why these rights are an absolute must for every human being.
The constitution of India ensures that each person is entitled to these fundamental rights:
- Right To Equality
- Right to Freedom
- Right to Freedom of Religion
- Right Against Exploitation
- Cultural And Educational Rights
- Right To Constitutional Remedies.
The Constitution of India recognizes the need for these fundamentals in every human who is a citizen of this country. That means that every citizen of this country is entitled to equality amongst citizens. They are entitled to freedom, freedom of choosing their own religion as and when they wish. The rights also include the cultural and educational fundamentals as every citizen improves his life worth when culturally and educationally sound.
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Why Fundamental Rights Are Helpful?
The constitution of India itself believes that any human irrespective of their caste, religion or race should be given the right to file a petition directly towards the hierarchy of the judicial system of our country for the enforcement of their fundamental rights.
Based on these requirements, birth was given to the system of Public Interest Litigation. Public Litigation Interests or PILs are petitions signed by other people on behalf of the aggrieved.
These fundamental rights not only help in the protection of individuals but also stop heinous violations of the basic rights every human deserves. The focus is on the fact that every individual has an equal and total right over their fundamentals and should be given the minimum said rights. Some fundamental rights are applicable only to the Indian population however, rights of liberty and freedom of religion are applicable to all the citizens irrespective of their nationality.
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What Are DPSP?
Directive Principles of State policy are not fundamental rights that are enforceable by law. DPSP are merely the guidelines every state must follow while preparing laws for the respective states. These directives are merely the guide every state follows while shaping up the economic and social democracy of a state.
One crucial difference between the fundamental rights and the directive principles of state policy is that DPSP are not enforceable by law. That means that they cannot be brought up in court in favour of an argument.
Examples of DPSP
Article 46 of the DPSP guidelines states that every individual should get equal pay if they do equal work. In extension, this article comes under consideration that the strength of a worker is an integral facet of the right to life. This states that fundamental rights and DPSP are very much supplementary to each other.
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Conclusion
The Constitution of India circumscribes the structure, code, procedure, fundamental rights the duties of the citizens of the country and the government institutions as to how they should function and leads the country filled with diversity in a way that they can live with harmony.
The relationship between the fundamental rights and DPSP is such that they do not crossover each other, instead, they are very much supplementary and complementary in nature.
Fundamental Rights are the moral rights of every individual that they should be entitled to. DPSP are merely guidelines every state must adhere to while framing laws in a state.
