What is difference between Fundamental Rights and Directive Principles?
Q. Which of the following is/are true regarding Directive Principles of State Policy (DPSPs)?
1) DPSPs are not automatically enforced.
2) Court can uphold the validity of a law on the ground that it was enacted to give effect to a DPSP.- Published on 21 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. All of the above
ANSWER: Both 1 and 2
Distinction between DPSPs and FRs -
Fundamental Rights -
1. These are negative as they prohibit the State from doing certain things.
2. These are justiciable, i.e., they are legally enforceable by the courts in case of their violation.
3. They aim at establishing political democracy.
4. These have legal sanctions.
5. They promote the welfare of the individual. Hence, they are personal and individualistic.
6. They do not require any legislation for their implementation.
7. They are automatically enforced.
8. The courts are bound to declare a law violating any of the Fundamental Rights as unconstitutional and invalid.
Directive Principles -
1. These are positive as they require the State to do certain things.
2. These are non-justiciable, that is, they are not legally enforceable by the courts for their violation.
3. They aim at establishing social and economic democracy in the country.
4. These have moral and political sanctions.
5. They promote the welfare of the community. Hence, they are societarian and socialist.
6. They require legislation for their implementation.
7. They are not automatically enforced.
8. The courts cannot declare a law violating any of the Directive Principles as unconstitutional and invalid.
9. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.
