Question

Discuss the fundamental rights in Indian construction Examine the difference between fundamental rights
and Directive Principle of State Policy.
भारतीय संविधान में मौलिक अधिकारों का वर्णन कीजिए। मौलिक अधिकारों और नीति निर्देशक सिद्धांतों
में अन्तर का परिक्षण कीजिए।​

Answer 1

Fundamental rights are the freedoms necessary for India's people to grow mentally , socially, and spiritually. Since these rights are necessary or central to people's lives and entire development, they are referred to since 'Fundamental rights.' These are the freedoms of citizens that are more important, such as: equality before the law, the freedom of expression, freedom of speech , freedom of worship, freedom of culture, liberty of assembly (peaceful assembly) and freedom of religion.

All people, irrespective of race, nationality, faith, caste or gender, shall uniformly have fundamental right. According to the discretion of the judges, the Indian Penal Code, the penal code of proceeding, and other statutes allow for prosecution for violations of these rights. While rights other than "fundamental rights" granted by the Constitution are equally legitimate and covered by a court , the Supreme Court of India can be addressed for absolute justice specifically in the case of "fundamental rights" abuses in Article 32.

Explanation:

Difference between Fundamental Rights and Directive Principles of State Policy

• The fundamental rights granted to people of India are laid out in Section 3 of the Indian Constitution. "Fundamental rights" are defined in Articles 12-35 of the Indian Constitution. In Part 4 of the Indian Constitution, the "Directive Principles of State Policy" are written. Articles 36-51 of the Indian Constitution provide for them.
• Basic rights are defined as the" fundamental rights" granted to the Indian people by the Indian Constitution. The "Directive Principles of State Policy" act as guidelines and are to be adopted by the Govt during the formulation of policies.
• In India, "political democracy" has been developed through the "fundamental rights" embodied in the Indian Constitution. With the aid of the "Directive Principles of State Policy",  social and economic democracy are created.
• "Fundamental rights" encourage the welfare of any person. With the support of the "directives principles of state policy", the welfare of the whole community is promoted.
• "Fundamental rights" encourage the welfare of any person. With the support of the directives principles of state policy, the welfare of the whole community is promoted.
• "Fundamental rights" are justiciable and can be imposed by the courts lawfully whenever a violation takes place. "Directive Principles of State Policy" cannot be imposed in the case of a breach, because they cannot they are not "justiciable".
• When a statute breaches "fundamental rights", it may be ruled illegal by the judiciary. When regulation contradicts the "Directive Principles of State Policy", the courts have no right to declare it unconstitutional & invalid
• "Fundamental rights" are often viewed as limitations on the Government. The "Directive principles of state policy"  provide instructions for the Government to help it meet certain objectives.
• In the midst of a national emergency, fundamental rights may be revoked. Yet it is not appropriate to revoke the rights given by Articles 20 and 21. In no conditions can the "Directive Principles of State Policy"  be revoked.
• "Fundamental Rights" was borrowed from the " US Constitution". "Directive Principles of State Policy" was borrowed from the "Ireland Constitution" of Ireland which was in turn copied from the Constitution of Spain.

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