Difference between Fundamental Rights and Directive Principles

Difference between Fundamental Rights and  Directive Principles

• An Indian citizen can approach the court for fundamental rights

• A citizen cannot approach a court to enforce the Directive Principles.

• Fundamental rights are justiciable.

• The Directive Principles are non-justiciable.

• Fundamental rights are included in Part III of the Constitution of India.

• The Directive Principles are included in Part IV of the Constitution of India.

• ​​Articles in the Constitution that deal with fundamental rights - Articles 12 to 35.

• ​​Articles in the Constitution that include the Directive Principles are - Articles 36 - 51.

• Fundamental rights are the rights that are basically granted to an Indian citizen by the Constitution.

• The Directive Principles are instructions given to governments.

• Political democracy is implemented in India through fundamental rights.

• Economic and social democracy is ensured through the Directive Principles.

• The welfare of every citizen is promoted through fundamental rights.

• The welfare of the society is promoted.

• Violation of fundamental rights is punishable by law.

• Violation of the Directive Principles is not a punishable offence.

• Fundamental rights are justifiable because if there is a violation of the law, they can be legally enforced.

• Directive principles cannot be upheld because courts cannot enforce them if there is a breach of the law.

• If there is a law that violates fundamental rights, the courts can declare it null and void and unconstitutional.

• If a law violates the Directive Principles, the courts do not have the power to declare it invalid and unconstitutional.

• Fundamental rights are sometimes considered as a kind of restrictions imposed on the state.

• Directive principles are guidelines to help the government achieve certain specific objectives.

• Fundamental rights can be temporarily suspended during a national emergency. The rights guaranteed under Articles 20 and 21 cannot be temporarily suspended.

• The Directive Principles cannot be suspended under any circumstances.

• Fundamental rights were borrowed from the Constitution of the United States of America.

• The Directive Principles are borrowed from the Constitution of Ireland.