Distinguish between directive principles and fundamental rights
Answers
• fundamental rights are found in third part of our constitution why is directive principles are found in fourth part of our constitution
• fundamental rights are the masked to be followed by each and everyone where as directive principles are not as much as important and effect as fundamental right
• directive principles are given priority when there is a conflict between the fundamental rights and the directive principles .
Explanation:
Fundamental Rights
Directive Principles
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.