What is the difference between directive principles of state policy an...
Fundamental Rights are justifiable and enforceable rights while directive principles are non -justifiable and cannot override fundamental rights. Fundamental rights provide political rights whereas social and economic rights are provided through DPSP. Fundamental Rights are mentioned in the articles from 12 to 35 while directive principles are mentioned from article 36 to 51. The difference between fundamental rights and directive principles are discussed in the points given below:...Fundamental Rights are justiciable, as they can be enforced, whereas the directive principles are non-justiciable, in that, they are not enforceable in the court of law.
Difference between Fundamental Rights and Directive Principles is given in the table below:-
1. These are negative as they prohibit the state from doing certain things.
These are positive as they requires the state to do certain things
2.These are justifiable, that is they are legally enforceable by the courts in the case of their violation.
These are non justifiable i.e. they are not enforceable by the courts for their violation.
3.They aim at establishing political democracy in the country.
They aim at establishing social and economic democracy in the country.
4.These have legal sanctions
These have legal and political sanctions.
5.They promote the welfare of the individual. Hence they are personal and individualistic.
They promote the welfare of the community. Hence they are societarian and socialistic.
6.They do not require any legislation for their implementation. They are automatically enforced.
They require legislation for their implementation. They are not automatically enforced.
7. The courts are bound to declare a law violative of any of the fundamental rights as unconstitutional and invalid.
The court can not declare a law violative of any of the directive principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to adirective.