Question

Prepare a comparative chart of our fundamental rights and directive principles

Answer 1

Hey dear.....

Here is your answer.....

✨Comparison between fundamental rights and directive principles of state policy :

✨Your comparison chart is in the attachment, so please see the attachment..

⭕Firstly,

➡️ the fundamental rightsconstitute a set of negative injunctions. The state is restrained from doing something’s.

♣️ The directives on the other hand are a set of positive directions. The state is urged to do something to transform India into a social and economic democracy. As Gladhill observes,

➡️Fundamental Rights are injunctions to prohibit the government from doing certain things, the

♣️Directive principles are affirmative instructions to the government to do certain things.

⭕Secondly,

♣️ the Directives are non-justiciable. Courts do not enforce them. A directive may be made enforceable by the courts only when there is a lam on it. 

➡️Fundamental rights, on the other hand are justiciable. They impose legal obligations on the state as well as on individuals. Courts enforce them. If a law violates a fundamental right, the law in question will be declared void.

➡️But no law will be declared unconstitutional on the ground that it violates a directive principle against violation of a fundamental right, constitutional remedy under Art. 32 are available which not the case is when a directive is violated either by the state or, by individual.

♣️ For this reason Prof K. T. Shah deprecates the Directive Principles as “Pious wishes” or a mere window dressing for the social revolution of the country.

........ ALONE BUT HAPPY.......

Hope it helps you!!!!!!

Answer 2

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

The "Directive Principles of State Policy" are the "Guidance" or "15 principles" issued to the "federal institutions" regulating the "State of India" that are to be "quoted" when "framing laws & policies". Such provisions found in Section IV of the Indian Constitution (Article 36-51) do not apply to any law; however the principles laid down in the "Constitution" are taken into account in the governance of the nation, and it is the State's responsibility to extend such principles in the creation of legislation aimed at establishing a equal society in the nation

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" & 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 Govt. 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. However, it is not "appropriate to revoke the rights" given by Articles 20 & 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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