ADVERTISEMENTS:

Distinction between Fundamental Rights and Directive Principles

What is the difference between Fundamental Rights and Directive Principles ?


Fundamental Rights

  • These are negative as they prohibit the state from doing certain things.
  • These are justifiable.
  • They aim at establishing democracy in the country.
  • These have legal sanctions.
  • They promote the welfare of the individual.
  • Can be suspended during emergency.
  • They are automatically enforced.
  • The courts are bound to declare a law violative of any of the fundamental rights as unconstitutional and invalid.
A-MUSED - DECLARATION OF HUMAN RIGHTS If you want to read...

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Directive Principles

  • They are positive as they require the state to do certain things.
  • These are non justifiable.
  • They aim at establishing social, political democracy in the country.
  • These have moral and political sanctions
  • They promote the welfare of community.
  • No such provision.
  • They are not automatically enforced.
  • The courts cannot declare a law violative of any of the Directive principles an unconstitutional and invalid.

ADVERTISEMENTS:

Though the Directive Principles are not to be enforced directly they are bound to affect the decisions of the court. The Directive Principles do not represent the temporary will of a majority but the deliberate wisdom of the nation expressed through the Constituent Assembly entrusted with the paramount and the permanent law of the country.

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