Question

The basic difference between fundamental rights and directive principles

Answer 1

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✨The basic differences between both fundamental rights and directive principles of state policy is discussed as follows :

⭕Firstly,

➡️the fundamental rights constitute 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.

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Answer 2

Answer:

Refer to the attachment....✌️✌️

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