- Nature:
- Fundamental Rights (FRs): They are justiciable, meaning they can be enforced in a court of law. Citizens can approach the courts if they believe their fundamental rights are violated.
- Directive Principles of State Policy (DPSP): They are non-justiciable, and citizens cannot directly enforce them in courts. However, they provide guidance to the government in policy formulation.
- Focus:
- FRs: Primarily focus on protecting individual liberties and freedoms. They include rights such as the right to equality, freedom of speech, and the right to life.
- DPSP: Focus on socio-economic justice, welfare, and the establishment of a just and equitable society. They cover areas like education, health, economic justice, and environmental protection.
- Enforcement Mechanism:
- FRs: Courts can issue writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) to protect and enforce fundamental rights.
- DPSP: Lack a direct enforcement mechanism. However, the government is expected to consider these principles while formulating policies.
- Individual vs. Collective:
- FRs: Emphasize individual rights and liberties, protecting citizens from state interference.
- DPSP: Focus on the collective welfare of society, emphasizing the common good and social justice.
- Limitations:
- FRs: While fundamental rights are essential, they are not absolute. The state can impose reasonable restrictions in the interest of public order, morality, and security.
- DPSP: Although they provide guidance, they are subject to the economic capacity and development priorities of the state. The government has flexibility in implementing them.
- Justiciability:
- FRs: Justiciable, and citizens can seek legal remedies for violations.
- DPSP: Non-justiciable, and courts cannot enforce them directly.
- Role in Governance:
- FRs: Act as a check on state power, protecting individuals from arbitrary actions.
- DPSP: Provide a moral and political compass for governance, guiding the government in the formulation of policies.
- Flexibility and Adaptability:
- FRs: Generally more rigid and less adaptable as they provide baseline rights.
- DPSP: Flexible and adaptable to changing social and economic conditions, allowing the government to adjust policies.
- Balancing Individual and Collective Interests:
- FRs: Emphasize individual liberties, protecting citizens from potential abuses of state power.
- DPSP: Focus on balancing individual rights with the broader goals of social justice and the welfare of society.
- Constitutional Position:
- FRs: Enshrined in Part III of the Constitution.
- DPSP: Enshrined in Part IV of the Constitution.
In summary, while Fundamental Rights protect individual liberties and are justiciable, Directive Principles provide a moral and political framework for the government in formulating policies that contribute to the overall welfare and development of the nation. Both components work together to create a just and equitable society.
