fbpx

Distinction Between Fundamental Rights and Directive Principles

Fundamental Rights

Directive Principles
1. These are negative as

they prohibit the State from do certain things.

1. These are positive as they require the State do certain things.
2. These are justiciable, that is, they are legally enforceable by the courts in case of their violation. 2. These are non-justiciable, that is, they are not legally enforceable by the courts for their violation.
3. They aim at establishing political democracy in the country. 3. They aim at establishing social and economic democracy in the country.
4. These have legal sanctions. 4. These have moral and political sanctions.

5. They promote the welfare of the individual. Hence, they are personal and individualistic. 5. They promote the welfare of the community. Hence, they are societarian and socialistic.
6. They do not require any legislation for their implementation. They are automatically enforced. 6. They require legislation for their implementation. They are not automatically enforced.
7. The courts are bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid. 7. The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.

220 total views, 3 views today

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Content is protected !!
%d bloggers like this: