Difference Between Fundamental Rights And Directive Principles

Fundamental rights are the rights that are essential for humans to live freely. Our Constitution in Part III through Articles 12 to 35 covers all the Fundamental Rights. 

Types Of Fundamental Rights

Fundamental Rights are divided into the following types:

1. Right To Equality

Article 14-18 imparts the Right to Equality:

• Article 14 provides two concepts: Equality before the law and Equal protection of laws.

• Article 15 prohibits discrimination on any grounds like sex, caste, race, etc.

• Article 16 deals with equality in the opportunity of public employment.

• Article 17 bans any acts of untouchability. In addition, it also makes it an offense. 

• At last, Article 18 bans titles such as countess or king. The only exceptions are the military and academics.

2. Right To Freedom

This includes Articles 19 to 22 of the Constitution. 

Article 19 provides six rights, which are as follows:

1. Freedom of speech and expression 

2. Right to assemble peacefully and without arms

3. Right to form associations 

4. Freedom of movement 

5. Right to reside anywhere in India

6. Right to practice any profession or carry any occupation, trade, business, etc.

Article 20 grants specific protection to convicts. These are the rights of:

1. Double jeopardy 

2. Self-incrimination 

3. Protection against retrospective punishment.

Article 21 guarantees the right to life. This Article has been interpreted widely by the Supreme Court to include a number of crucial rights like occupation, sleep, health, peace, choosing a partner, etc. 

Article 21A provides for free and compulsory education to children below 14 years. 

Article 22 focuses on the rights of arrested persons. It prohibits any arbitrary arrest and detention. It gives them the right to consult a lawyer when arrested. 

3. Right against Exploitation 

Articles 23 and 24, read together, elaborate on the right against exploitation. Article 23 declares human trafficking and forced labor to be unconstitutional. Additionally, Article 24 bars any employment of children below 14 years in hazardous factories and mines.

4. Right To Religion

Articles 25 to 28 provide the right to freedom of religion. Every person has a right to practice, propagate, and profess their religion freely. There is also a right to manage religious affairs under Article 26. Educational institutions that are established by religious trust can also give religious instructions under Article 28. 

5. Cultural and Educational Rights 

Article 29 provides that communities are given the right to protect their language, culture, traditions, etc. Under Article 30, cultural minorities can establish their educational institutions. 

6. Right to Remedies in the Constitution

Articles 32 to 35 of the Constitution give remedies. Through Article 32, every individual can directly go to the Supreme Court to enforce his fundamental rights. The Parliament can restrict the ambit of these basic rights under Article 33. Article 35 provides legislative power to the Parliament. 

Also Read : Relationship Between Rights And Duties

Meaning Of Directive Principles

Directive Principles, as self-descriptive, are certain principles written down to direct the government for the betterment of its citizens. Part IV of the Constitution deals with them.

Types Of Directive Principles

Directive Principles are divided into three major types:

Gandhian Principles: These focus on principles such as:

• Article 40, which is about village panchayats. 

• Article 43 highlights that there should be a decent living standard for workers.

• Article 43B mentions the formation of cooperative societies. 

• Article 46 promotes the economic and educational interests of weaker sections. 

• Article 47 prohibits intoxicating drinking and drugs. 

Socialist Principles: These principles surround the welfare of society. These cover:

• Article 38 provides that the state will promote the welfare of the people. 

• Principles like equal pay, health and safety, fair wages, etc., are covered under Article 39. 

• Article 39A is on free legal aid. 

• Article 41 provides the right to work. Article 43 deals with the living wage.

Liberal Principles: These principles promote civil liberties such as:

• The Uniform Civil Code is provided under Article 44.

• Article 45 talks about free and compulsory education for children till 14 years old.

• Article 48 emphasizes the development of agriculture. 

• Article 48A focuses on the environment. 

• Article 50 deals with the separation of powers.

Difference Between Fundamental Rights And Directive Principles

Relevant Judgments 

State Of Madras vs. Champak Dorairajan (1951)

Here, the Apex Court decided that the Directive Principles cannot overshadow Fundamental Rights. Directive principles are secondary to Fundamental Rights.

Golak Nath vs. The State Of Punjab (1967)

In this case, the Court stated that fundamental rights can’t be weakened. If there is a dispute between directive principles and fundamental freedoms. The rights will prevail over principles. 

Kesavananda Bharati vs. State Of Kerala (1973)

After many cases were filed regarding inconsistency between directive principles and fundamental rights, the Apex Court ultimately said that basic rights and directive principles are complementary to each other.

Minerva Mills vs. Union Of India (1980)

The Court, in this case, balanced provisions of directive principles and fundamental rights by harmonious interpretation. If it cannot be done, then fundamental rights will be preferred.

Conclusion

Fundamental Rights and Directive Principles are two cornerstones of the Indian Constitution, ensuring individual liberties while guiding the state toward societal welfare. Fundamental Rights safeguard personal freedoms and equality, forming the basis of democratic governance. In contrast, Directive Principles, though non-justiciable, serve as moral and policy directives for the government to create a just and equitable society. While they occasionally clash, their harmonious interpretation underscores their complementary roles in building a balanced, progressive nation.

FAQs: Understanding Fundamental Rights And Directive Principles

Here are some commonly asked questions to deepen your understanding of this topic.

Q1. What are Fundamental Rights?

Fundamental Rights are the basic rights guaranteed to individuals under Part III (Articles 12 to 35) of the Indian Constitution, ensuring freedom, equality, and dignity.

Q2. What is the main distinction between Fundamental Rights and Directive Principles?

Fundamental Rights are enforceable in courts and focus on individual needs, while Directive Principles, though non-enforceable, emphasize community welfare and guide state policy.

Q3. Can Directive Principles override Fundamental Rights?

No, as per rulings in cases like State of Madras v. Champak Dorairajan and Golak Nath v. State of Punjab, Fundamental Rights take precedence over Directive Principles.

Q4. Are Fundamental Rights available to non-citizens?

Some Fundamental Rights, like equality before the law (Article 14), are available to non-citizens, while others, like the right to vote, are exclusive to citizens.

Q5. How do Directive Principles contribute to governance?

Directive Principles guide the government in policymaking, focusing on areas like education, healthcare, social justice, and environmental protection to create a welfare state.