Here we are going to discuss the difference b/w fundamental rights and DPSP(Directive principles of state policy). Fundamental rights as its name suggest means the rights which are very essential for the complete development of the people whether its intellectual, spiritual and moral development. These rights are enlisted in Part – III of Indian Constitution. Article 12 to 35 deals with the fundamental rights. While DPSP are the guidelines for the government to be kept in mind while framing laws, policies for the people. DPSP helps the government to do certain things for the welfare of the people. DPSP are enlisted in Part – IV of the Constitution. Article 36 to 51 deals with the DPSP, they are borrowed from Ireland.
Lets see the difference b/w Fundamental rights and DPSP in detail :-
Fundamental Rights |
DPSP (Directive principles of state policy) |
| They are enlisted in Part – III of the Indian Constitution. | They are enlisted in the Part IV of the Indian Constitution. |
| Article 12 to 35 of the Constitution deals with the Fundamental rights. | Article 36 to 51 of the Constitution deals with the DPSP. |
| They are borrowed from the Constitution of USA (United states of America). Note : We have taken these fundamental rights from the bills of rights of USA. | They are borrowed from the Constitution of Ireland. Note : Though Ireland also borrowed them from Spain. |
| Fundamental rights are the rights which are guaranteed by the Constitution of India to its citizens. Note : Fundamental rights under Article 15,16,19,29,30 are available only to the citizens of India. | DPSP are the guidelines for the government to be kept in mind while framing laws, policies for the people. |
| They are justiciable or enforceable in the court of law. It means that in case of violation of these fundamental rights, they are legally enforceable by the court. People can go to Supreme court or High Court in case of violation of fundamental rights under article 32(Right to Constitutional remedies). | They are non – justiciable or non – enforceable in the court of law. It means that on violation of these DPSP, they are not legally enforceable by the court. |
| They are for the growth of individual or for the welfare of the individual person. Hence, they are personal. | They are for the welfare of the entire society or community. Hence, they are societarian. |
| Fundamental rights help in establishment of political democracy in India. | DPSP helps in establishment of social and economic democracy in India. |
| If there is any law which violates the fundamental rights, then court can declare that law as unconstitutional and null & void. | If there is any law that violates DPSP, then court cannot declare that law as unconstitutional and invalid. |
| They have legal sanctions. | They have political and moral sanctions. |
| They are negative in nature as they restrict the power of state or prohibit the state from doing certain things. | They are positive in nature as they require the state to do certain things for the welfare of the people. |
| They are automatically enforced, as they do not require any legislation or laws for their implementation. | They are not automatically enforced, as they require legislation or laws for their implementation. |
| Fundamental rights except under Article 20 and 21 can be suspended in case of national emergency. | Directive principle of state policy on the other hand can never be suspended under any situation. |
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