There exist many differences. The most important being that the fundamental rights can be enforced by a court of law (against the state), while Directive Principles are not. Fundamental rights are inalienabe rights, whereas Directive Principles are aimed at securing welfare, which are more like constitutional guidelines.
Fundamental rights are justiciable where as directive principles are not justiciable. The provision of directive priciple thus cannot be enforced in court of law.
fundamental right are concerned with the citizens while directive principle is concerned with the state..
When directive principles and fundamental rights clash, the judiciary often plays a critical role in resolving the conflict. The Constitution of India provides that while fundamental rights are justiciable and enforceable, directive principles are non-justiciable but aim to guide the state in policy-making. Courts typically seek a harmonious interpretation, balancing the two to uphold the spirit of the Constitution. Ultimately, in cases of conflict, fundamental rights may take precedence, but the principles serve as essential guidelines for legislation and governance.
42nd amendment
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It was meant to tell the people of the United States what rights we had. But now the government is wiping their butts with it and striping us of every right we once had. (EmpKing001)
Shariful Hasan has written: 'Supreme Court, fundamental rights and directive principles' -- subject(s): Civil rights, India, India. Supreme Court
Sheeraz Latif A. Khan has written: 'Justice Bhagwati on fundamental rights and directive principles' -- subject(s): Administration of Criminal justice, Civil rights, Criminal justice, Administration of
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Dr. B.R. Ambedkar made the statement in the Constituent Assembly that the directive principles of state policy are like a cheque on a bank payable at the convenience of the bank. He emphasized that while these principles are important for guiding the state’s policies, they are not justiciable and thus do not have the same binding force as fundamental rights. This analogy highlights the importance of these principles in governance while acknowledging their non-enforceable nature.
The Constitution plays an important role by laying down the framework defining fundamental political principles, establishing the structure, procedures, powers, and duties of government institutions, and most importantly setting out fundamental rights, directive principals, and the duties of citizens.
Directive Principles of State Policy in India are considered non-justiciable because they are guidelines for the state to formulate policies and laws, rather than enforceable rights. They are designed to ensure social and economic justice, but they lack legal binding force, meaning individuals cannot approach the courts for their enforcement. This distinction allows the government flexibility in implementing these principles according to available resources and circumstances. However, they serve as a fundamental framework for governance and can influence judicial interpretation of laws.