Difference between Fundamental Rights and Directive Principles: An Overview
Fundamental Rights and Directive Principles are two important concepts enshrined in the Indian Constitution. While the former protects the rights of citizens, the latter outlines the objectives and principles that the government needs to keep in mind while making laws and policies. In this article, we will take a closer look at the difference between Fundamental Rights and Directive Principles.
What are Fundamental Rights?
Fundamental Rights are the basic rights granted to every citizen of India. They are essential for the overall development of an individual and the society as a whole. These rights are enforceable by the court of law and are considered as the cornerstones of Indian democracy.
The Constitution of India enshrines six Fundamental Rights, namely, Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
What are Directive Principles?
Directive Principles are the guidelines given to the government to govern the country in a way that promotes social and economic democracy. These principles are non-justiciable in nature, which means that they cannot be enforced by the court of law. However, they are considered as fundamental in the governance of the country.
The Directive Principles are classified into two categories, namely, Social and Economic Welfare and Political and Administrative. The former includes principles related to improving the standard of living of the people, providing education and healthcare facilities, promoting social justice, and protecting the environment. The latter includes principles related to good governance, transparency, and accountability in the functioning of the government.
The Difference between Fundamental Rights and Directive Principles
The key differences between Fundamental Rights and Directive Principles are as follows:
1. Enforcement: Fundamental Rights are justiciable in nature, meaning that citizens can directly approach the court of law if their rights are violated. On the other hand, Directive Principles are non-justiciable in nature, which means that they cannot be enforced by the court of law.
2. Nature: Fundamental Rights are individual-oriented and focus on the protection of individual rights. Directive Principles are welfare-oriented and focus on the welfare of the society as a whole.
3. Function: Fundamental Rights are designed to prevent the State from infringing upon the rights of the citizens. Directive Principles, on the other hand, outline the objectives and principles that the government needs to keep in mind while making laws and policies.
Conclusion
In summary, Fundamental Rights and Directive Principles are two important concepts in the Indian Constitution that help in ensuring the overall development of the society. While Fundamental Rights focus on protecting the rights of the citizens, Directive Principles focus on promoting social and economic welfare. Therefore, both rights and principles are equally important for the growth and development of the nation.
Table difference between fundamental rights and directive principles
| Attribute | Fundamental Rights | Directive Principles |
|---|---|---|
| Definition | Basic rights guaranteed to the citizens by the Constitution | Principles given to the government to achieve the social, political and economic goals |
| Enforceability | Enforceable by courts and have legal remedies | Not enforceable by courts and have no legal remedies |
| Nature | Negative rights that restrict the government’s interference in individuals’ lives | Positive rights that mandate the government to take specific actions for the welfare of the society |
| Individual vs Society | Emphasizes individual rights and freedoms | Emphasizes the welfare and development of society as a whole |
| Form | Specific provisions in the Constitution | General principles that guide the government’s actions |
| Fundamental vs Directive | Primary and supreme in nature | Secondary in nature and subject to fundamental rights |