Question

explain the major difference between the fundamental right in the directive principle of State Policy 500​

Answer 1

Fundamental Right

1. Part-III, containing articles from 12 to 35 deal with Fundamental Rights.

2. The Fundamental Rights can be enforceable by a court against the State.

3. These are primarily aim at assuring political freedom to the citizens by protecting them against the excessive State action.

4. The Fundamental Rights are given a pride of place by the Constitution makers.

5. The chapter of Fundamental Rights is sacrosanct and not liable to be abridged by legislative or executive act or orders, except to the extent provided in appropriate Article in Part III.

6. Grover Justice Supreme Court said: “where as the fundamental rights lay down the means by which that goal was to be achieved.”

7. Fundamental rights occupy a unique place in the lives of civilized society and have been variously described in judgment of the Supreme Court as “transcendental”, “inalienable” and “personal”.

8. There are negative in character. The State is asked not to do certain things for the people.

Directive Principles of State Policy

1. Part –IV, containing Articles from 36 to 50, deal with Directive Principle of State Policy.

2. The Directive Principles of State Policy can not be enforceable by any Court.

3. These are aimed at securing welfare, social and economic freedoms by appropriate State action.

4. The Directive Principles are given a place of permanence by the Constitution makers.

5. The Directive Principles of State policies have to confirm and to run as subsidiary to the Chapter of Fundamental Rights.

6. Grover Justice Supreme Court said: “Directive Principles prescribe the goal to be attained.”

7. The Supreme Court described the Directive Principles of State policy as “Conscience of our Constitution”.

8. These are positive in character. The State is directed to take certain positive steps for the welfare and advancement of the people.