Question

Write an essay on the conflict between the Fundamental Rights and the Directive Principles of State Policy.
please give ans according to 6 marks
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RAM RAM ​

Answer 1

Answer:

damental Rights Vs DPSP:

Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it protects the rights of a citizen and work at a macro level.

DPSP consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country.

Directive Principles are affirmative directions on the other hand, Fundamental Rights are negative or prohibitive in nature because they put limitations on the State.

The DPSP is not enforceable by law; it is non-justiciable.

It is important to note that DPSP and FRs go hand in hand.

DPSP is not subordinate to FRs.

Classification of Principles: The Directive Principles are classified on the basis of their ideological source and objectives. These are Directives based on:

Socialist Principles

Gandhian Principles

Liberal and Intellectual Principles

Directives based on Socialist Principles

Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social order by ensuring social, economic and political justice and by minimising inequalities in income, status, facilities and opportunities

Articles 39: The State shall in particular, direct its policies towards securing:

Right to an adequate means of livelihood to all the citizens.

The ownership and control of material resources shall be organised in a manner to serve the common good.

The State shall avoid concentration of wealth in a few hands.

Equal pay for equal work for both men and women.

The protection of the strength and health of the workers.

Childhood and youth shall not be exploited.

Article 41: To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disability.

Article 42: The State shall make provisions for securing just and humane conditions of work and for maternity relief.

Article 43: The State shall endeavour to secure to all workers a living wage and a decent standard of life.

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