Fundamental Rights vs Directive Principles (DPSP): Key Differences, Cases & Meaning β Indian Constitution
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πΉ Introduction
πΈ The Constitution of India (1950) guarantees a set of Fundamental Rights (FRs) to ensure individual liberty and freedom
β€ Mentioned in Part III: Articles 12 to 35
β€ Available to citizens and in some cases, non-citizens too
πΈ Directive Principles of State Policy (DPSP)
β€ Found in Part IV: Articles 36 to 51
β€ Provide guidelines to the State for governance
β€ Aim: Establishing a welfare state (social & economic justice)
β€ Not enforceable by courts, but essential for governance
β€ Borrowed from the Irish Constitution
β€ Dr. B.R. Ambedkar called DPSP a “Novel Feature“
πΉ Relationship Between FRs & DPSP
πΈ Both aim to:
β€ Protect citizens from arbitrary actions of the State
β€ Ensure the welfare of the people
β€ Represent the soul and philosophy of the Constitution
πΉ Difference Between FRs & DPSP
| Basis | Fundamental Rights (FRs) | Directive Principles of State Policy (DPSP) |
|---|---|---|
| Nature | βοΈ Negative (restrict State action) | βοΈ Positive (require State action) |
| Justiciability | β Enforceable by courts | β Not enforceable by courts |
| Objective | βοΈ Political Democracy | π₯ Social & Economic Democracy |
| Sanction | π Legal | π§ Moral & Political |
| Scope | π€ Individual-centric | π¨βπ©βπ§βπ¦ Community-centric |
| Implementation | π’ Automatically enforced | π οΈ Require legislation |
πΉ Conflict Between FRs and DPSP: Landmark Cases
1. Champakam Dorairajan v. State of Madras (1951)
β‘οΈ SC ruled: FRs > DPSP
β‘οΈ DPSP must be subordinate to FRs
β‘οΈ FRs can be amended by the Parliament
2. Golaknath v. State of Punjab (1967)
β‘οΈ SC: FRs cannot be amended, even to implement DPSP
β‘οΈ Contradicted earlier ruling (Shankari Prasad Case)