Question

Discuss the fundamental rights in Indian construction Examine the difference between fundamental rights
and Directive Principle of State Policy.

Answer 1

Answer:

Fundamental Rights are justiciable as they can be enforced legally by the courts if there is a violation. Directive Principles are not justiciable as they cannot be enforced by the courts if there is a violation. ... But, the rights guaranteed under Articles 20 and 21 cannot be suspended.

Explanation:

Answer 2

The Fundamental Rights and Directive Principles of State Policy  are sections of the Indian Constitution which prescribe the "fundamental obligations" of the "states to its citizens" & the "duties & the rights of the "citizens to the State".

Explanation:

"Fundamental rights" are the rights necessary for Indian citizens' intellectual, moral and spiritual growth. Since these rights are fundamental or necessary to the existence & comprehensive development of humans, they are referred to as "fundamental rights''.

All people, regardless of race , ethnicity, faith/religion, origin, caste or gender, shall equally be entitled to "fundamental rights". According to the judicial authority, the Indian Penal code, the Criminal Justice Code and other statutes can impose penalties for violating these " fundamental rights"; but subject to the judiciary's discretion

Though the rights conferred by the constitution other than fundamental rights are also valid rights protected by the judiciary, in case of fundamental rights violations, the Supreme Court of India can be approached directly for ultimate justice as per Article 32.

The fundamental rights that is recognized by the "Indian constitution" are:

1. "Right to equality "(equality "before the law", the prohibiting "discrimination" on the basis of race/religion/gender/caste/origin/equality of opportunity in employment matters, the abolition of "abolition of titles" & "untouchability". )
2. "Right to Freedom" (freedom of speech & expression, association, assembly, cooperatives or union, residence, movement, & right to "practice" any  occupation/profession).
3. "Right Against exploitation' (prohibiting forced labor, child labor & human trafficking).
4. "Right to Freedom of Religion" (freedom of 'free profession & conscience', practice, &religion propagation; freedom to manage "religious affairs", freedom from specific taxes, religious instructions in "certain educational institutions).
5. "Cultural & Educational Rights" ( right of any "section of citizens' to preserve their language, script, or culture, & right of minorities to "establish & administer" "educational institutes" of their choice. ).
6. "Right to Constitutional remedies" (for the "enforcement" of "fundamental rights")

The "Directive Principles of State Policy" is included in "Part IV" of the "Indian Constitution".  The objective of this was to create certain "economic & social" goals before the "law makers" to bring about "social change" in the nation in direction of greater "economic & social equality".

Differences

• The "Directive Principles of state Policy" are unenforceable rights i.e., if the state fails to fulfill any obligations, one cannot go to the court. Sanctions behind the directive principles are political, are based on sound constitutional and moral obligations. Fundamental Rights are justifiable and enforceable rights  and citizens can seek remedial action for violation of such rights ("legally enforceable" by the courts).
• "Fundamental rights" give citizens political rights while  "Directive Principles of state Policy" gives social & economic rights.  "Fundamental rights" promote the "individual's welfare". Therefore, they are individualistic & personal.  "Directive Principles of state Policy"  promotes the "community's welfare ". Therefore, they are socialistic & societarian.
• 'Fundamental rights" do not need any law/legislation for their "implementation". They are "automatically enforced". Whereas,  "Directive Principles of state Policy" need "legislation" for their "implementation". They are "not automatically enforced". The courts are bound to declare a law violative of any of the fundamental rights as unconstitutional and invalid. The tribunals must find an illegal and void statute that violates some of the basic rights. The Court cannot find an unlawful and null statute in violation of any of the standards of the directive. We will therefore preserve the legitimacy of a statute on the grounds that the directive was enforced..

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