• DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DPSP
  • SIGNIFICANCE OF DPSP
  • CRITICISMS TO DPSP

UNIT 6 – DIRECTIVE PRINCIPLES OF STATE POLICY – PART 5

Difference Between Fundamental Rights and DPSP

S. No

Fundamental Rights

DPSP

 

1

 

These are justiciable in case of violation either by the State or by private individuals.

 

Article 37: It says that the directive principles cannot be enforced by any court. Nevertheless, it is the duty of the State to incorporate these principles in its policies and laws.

 

 

2

 

These are civil and political rights that instil political democracy.

 

 

These are social and economic rights that aspire to create a welfare state.

 

3

 

These are basically negative rights upon the State as they restrict the State from doing something.

 

 

These are positive directives as they encourage the State to do something.

4

These are direct executory that is they do not need separate laws to be given effect.

Exception: Articles 33 and 34 are not direct executory.

These require separate laws to be given effect.

 

Example: Equal Remuneration Act, 1976 was enacted to give effect to article 39(d).

 

5

 

The courts can declare a law unconstitutional and invalid if it violates any of the fundamental rights.

Exception: If a law is enacted to give effect to directive principles under articles 39(c) and 39(d), the court cannot hold it unconstitutional even if it violates any of the fundamental rights.

 

The courts cannot declare a law unconstitutional and invalid for violating any of the directive principles.

 

 

6

 

These aspire to promote the welfare of individuals by protecting their rights against the tyranny of the State.

 

These aspire to achieve the ideal of welfare state.

SIGNIFICANCE OF DPSP

1.  These principles aim to build a society where every person enjoys equal justice on social, political and economic aspects of life.

2.  Implementation of these principles will enable the State to achieve social and economic democracy.

3.  These principles are used as the yardstick to evaluate the performance of the government.

4.  These principles provide a common goal to the government irrespective of the ideology of the party or the coalition of parties that is in power.

5.  They form the bedrock of foreign, environmental and economic policies of the State.

CRITICISMS TO DPSP

1.  They are not enforceable and justiciable. This renders them toothless.

2.  The directives aspire to create an ideal society which is not realistic.

3.  The directives are not based on a consistent philosophy. Modern and liberal principles are grouped with old and conservative principles.

4.  The constitution does not provide for a time limit to achieve these directives.

5.  The constitution does not provide for means to achieve these directives.

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