History & Civics
There are differences of opinion regarding the significance of both the Directive Principles and the Fundamental Rights. In this context explain the following:
(a) State any three differences between the Fundamental Rights and Directive Principles of State Policy.
(b) How do the Directive Principles complement Fundamental Rights?
(c) What is the importance of Directive Principles?
Answer
(a) Three differences between Directive Principles and Fundamental Rights are:
| Sl. No. | Directive Principles | Fundamental Rights |
|---|---|---|
| 1 | Directive Principles are Provided in Part-IV of the constitution. | Fundamental Rights are provided in Part-III of the constitution. |
| 2 | Directive Principles are not justiciable or enforceable by any court of law. | Fundamental Rights are justiciable. The citizens can seek protection from a High Court or Supreme Court in case of infringement. |
| 3 | Directive Principles are meant for the government to create certain privileges for the citizens | Fundamental Rights are privileges in existence for the citizens to enjoy. |
(b) Although the Directive Principles are not justiciable like Fundamental Rights but they are necessary for creating an atmosphere where Fundamental Rights can be enjoyed. The Directive Principles give guidelines to the Government to make laws and draft their policies in accordance to the welfare of people. They provide a direction to the Courts in respect of safeguarding the rights of the citizens. Thus we can say that the Directive Principles and the Fundamental Rights complement each other.
(c) The importance of the Directive Principles are following:
- Directive Principles are in the nature of a pledge made by the framers of the Constitution to the people of India. They provide a framework, political, social and economic programme for a modern democratic State.
- The Directive Principles give guidelines to the governments to make laws and draft their policies, according to these fundamental principles. They provide an element of permanence in a democracy.
- They provide a measure to judge a government's performance.
- They enlighten and educate the people of what they can expect from the politicians whom they vote to power.
- They provide a direction to Courts in respect of safeguarding the rights of the citizens.
- The Directive Principles direct the government to move towards the goal of a Welfare State. They reflect the ideas of Justice, Liberty, Equality and Fraternity mentioned in the Preamble.
- Since public opinion backs the Directive Principles, the goal of establishing social and economic order is clearly laid out before the government.
- The 42nd Amendment Act, 1976 provides that if a law is made to give effect to any of the Directive Principles it will not be declared unconstitutional even if it takes away any of the rights under Articles 14, 19 and 31.
Related Questions
What happens in case of any conflict between the Directive Principles and Fundamental Rights? Give reason to support your answer.
Name any two measures taken by the Government towards implementation of the Directive Principles of State Policy.
With reference to the concept of a 'Welfare State', answer the following questions:
(a) What is meant by a 'Welfare State'?
(b) How does the Constitution of India seek to establish India as a Welfare State?
(c) Mention any four government schemes aimed at social upliftment of the poor.
The Directive Principles are guidelines to be followed by the government in the governance of the country. Explain with one example each, government schemes under the following heads:
(a) Social Equality and Justice
(b) Economic Welfare
(c) Foreign Policy.