Directive Principles of State Policy (DPSP) and Fundamental Rights (FR) are two distinct components of the Indian Constitution, each with its own purpose and nature. Here are the key differences between them:
- Nature:
- Directive Principles of State Policy: DPSP are non-justiciable in nature, meaning they are not enforceable by the courts. They provide guidelines and principles for the government to follow in the governance of the country.
- Fundamental Rights: Fundamental Rights, on the other hand, are justiciable, which means they are legally enforceable by the courts. Citizens can approach the judiciary to protect their fundamental rights if they are violated.
- Enforceability:
- Directive Principles of State Policy: DPSPs are not legally enforceable by individuals. Courts cannot issue writs or orders to enforce DPSPs.
- Fundamental Rights: Fundamental Rights can be legally enforced by individuals through writ petitions and other legal remedies available in the courts. If a fundamental right is violated, the affected individual can seek redressal in court.
- Primary Focus:
- Directive Principles of State Policy: DPSPs primarily focus on the welfare of the state, the promotion of social justice, economic equality, and the overall development of the nation. They provide a roadmap for the government to work toward a just and equitable society.
- Fundamental Rights: Fundamental Rights are individual-centric and focus on safeguarding the liberties and freedoms of citizens. They protect citizens from state actions that may infringe upon these rights.
- Conflict Resolution:
- Directive Principles of State Policy: In case of a conflict between DPSPs and Fundamental Rights, DPSPs are expected to give way to Fundamental Rights. However, this is subject to reasonable restrictions that may be imposed on Fundamental Rights as specified in the Constitution.
- Examples:
- Directive Principles of State Policy: Examples of DPSPs include promoting equal pay for equal work, providing opportunities for education, and striving for a uniform civil code.
- Fundamental Rights: Examples of Fundamental Rights include the right to equality, right to freedom of speech and expression, right to life and personal liberty, and right against discrimination.
- Origin:
- Directive Principles of State Policy: DPSPs are inspired by the Directive Principles of State Policy in the Irish Constitution.
- Fundamental Rights: Fundamental Rights draw inspiration from various sources, including the Bill of Rights in the United States Constitution and the Universal Declaration of Human Rights.
In summary, while both Directive Principles of State Policy and Fundamental Rights are important components of the Indian Constitution, they serve different purposes and have distinct characteristics. DPSPs provide guidance to the government for the betterment of society, while Fundamental Rights protect the individual liberties of citizens and are legally enforceable.