What are the difference between directive principles and the fundamental rights
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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.
the first part is FUNDAMENTAL RIGHTS and second is DIRECTIVE PRINCIPLES.
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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.
the first part is FUNDAMENTAL RIGHTS and second is DIRECTIVE PRINCIPLES.
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sam2602:
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Answered by
3
Directive Principles of State Policy (DPSP), are directives given to the executive (elected govts.), legislature (Parliament and state Legislature) by Constitution which are fundamental, crucial, essential for governance in country. just read articles from 36 to 51.
They are exhaustive but from time to time Supreme Court has widened the scope of such directives in order to facilitate and justify the aspirations of people and actions of state from time to time.
For Example- the introduction of Panchayati Raj (the tier 3 local govt) in 1994 was taken from Article 40. Similarly banning of cow slaughter in states by art. 48. Various Labour Laws are enacted in keeping in mind the spirit and words from articles of DPSP
There is a very strong relationship between fundamental rights and DPSP, there is often conflict between the two when Fundamental Rights clash with that of DPSP i.e when a law in keeping mind DPSP violates FR of a person or citizen. though SC is clear that FR will prevail, it has in some cases allowed these ideals of DPSP to prevail over FR also.
They are exhaustive but from time to time Supreme Court has widened the scope of such directives in order to facilitate and justify the aspirations of people and actions of state from time to time.
For Example- the introduction of Panchayati Raj (the tier 3 local govt) in 1994 was taken from Article 40. Similarly banning of cow slaughter in states by art. 48. Various Labour Laws are enacted in keeping in mind the spirit and words from articles of DPSP
There is a very strong relationship between fundamental rights and DPSP, there is often conflict between the two when Fundamental Rights clash with that of DPSP i.e when a law in keeping mind DPSP violates FR of a person or citizen. though SC is clear that FR will prevail, it has in some cases allowed these ideals of DPSP to prevail over FR also.
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