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Fundamental
Rights and Polity Notes For UPSC
Directive
Principles
Difference
Difference between Fundamental Rights & Directive Principles of State Policy is very
important. Fundamental Rights are the rights provided to the citizens of India by the Indian
Constitution, whereas, the Directive Principles of State Policy enlists the ideals which need
to be taken into consideration by the state while enacting various laws and policies.
Difference between Fundamental Rights and Directive Principles of State Policy is one of
the most important topics for UPSC IAS Examination.

In this article on the difference between Fundamental Rights and Directive Principles of
State Policy, we shall discuss the genesis of these terms, their individual meanings and also
the differences between the two terms. This will be very useful for aspirants in the UPSC
Prelims Exam.

Also, study the NCERT Notes on Fundamental Duties in India from the linked article.

Meaning of Fundamental Rights:

• Fundamental Rights can be defined as the basic rights which are guaranteed to
every citizen of a country under the constitution.
• These rights ensure the balanced and efficient development of the personality of
the citizens of that country.
• In India, these rights are mentioned in Part III of the Constitution, under Articles
12 to 35.
• These rights also make sure that civil liberties are provided to all the citizens in
order to make them capable of living their lives in a peaceful manner.
• Additionally, these rights also restrict the State defined under Article 12 of the
Constitution, from encroaching the freedom of the citizens.
• The Fundamental Rights ensure Political Democracy.
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• Also, these rights apply to each and every citizen of the country in an equal
manner.
• These rights do not differentiate between the citizens on the basis of their race,
creed, caste, sex, place of birth, religion, etc.
• If someone violates these rights, then provisions of punishment are mentioned
under the Indian Penal Code (IPC) on the basis of the discretion of the Judiciary.
• Moreover, the Parliament can amend the constitution under Article 368, as long as
these amendments do not violate the Basic Structure of the Constitution or infringe
upon the fundamental rights of the citizens.
• Currently, the Constitution of India provides for the following seven Fundamental
Rights:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right to Freedom of Religion
4. Right against exploitation
5. Cultural and Educational Rights
6. Right to Constitutional Remedies
7. Right to Privacy

Study the NCERT Notes on Fundamental Rights here.

Meaning of Directive Principles of State Policy:

• These are nothing but the directions or ideals or instructions which are provided to
the Central and State Governments of a country, which these governments have to
take into consideration, while enacting various laws and policies.
• The main motive of DPSP is to ensure Social and Economic Democracy is
maintained.
• These are mentioned in Part IV of the Constitution, under the Articles 36 to 51.
• The DPSPs are similar to the ‘Instruments of Instructions’ as mentioned in the
Government of India Act, 1935.
• These provisions are non-justiciable in courts which means that a person cannot
approach any court of law, in case, the DPSPs are not fulfilled by the
Governments.
• Hence, the difference between the Fundamental Rights and Directive Principles of
State Policy is very important from the exam point of view.

Study the NCERT Notes on Schedules of Indian Constitution here.

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Difference between Fundamental Rights and Directive Principles of

State Policy:
Parameter Fundamental Rights Directive Principles
Definition Fundamental Rights can be These are nothing but the
defined as the basic rights which directions or ideals or instructions
are guaranteed to every citizen of which are provided to the Central
a country under the constitution and State Governments of a
of India. country, which these
governments have to take into
consideration, while enacting
various laws and policies.
Article of In India, these rights are In India, these principles are
Constitution mentioned in Part III of the mentioned in Part IV of the
Constitution, under Articles 12 to Constitution, under the Articles
35. 36 to 51.
Type of The Fundamental Rights The Directive Principles of State
Democracy mentioned in the Constitution of Policy mentioned in the
ensured India help to ensure Political Constitution of India help to
Democracy. ensure Social and Economic
Democracy.
Source of These rights were borrowed from These provisions were borrowed
Borrowing the Constitution of the United from the Constitution of Ireland,
States of America. which in turn borrowed it from
the Constitution of Spain.
Violation is The violation of the Fundamental The violation of the Directive
punishable or Rights is punishable on the basis Principles of State Policy is not
not of provisions mentioned under an punishable offence like the
the Indian Penal Code (IPC) and Fundamental Rights.
depending upon the discretion of
the Judiciary.
Stand of If a particular law of any If a particular law of any
Judiciary government, or any amendment government, or any amendment
of the Constitution initiated by of the Constitution initiated by
the Parliament, infringes the the Parliament, infringes the
Fundamental Rights of the Directive Principles of State
citizens, then the High Courts or Policy, then the High Courts or

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Supreme Courts can declare such Supreme Courts cannot declare

law or amendment as
unconstitutional.
Individualistic These rights help to promote the
or Collective rights and welfare of all the
citizens of the country in an
individualistic manner.
Positive or These are negative in nature as
Negative in they restrict the State from
Nature undertaking some actions which
violate the Fundamental Rights
of Citizens.
Can they be Yes. In case of National
suspended Emergency, the Fundamental
Rights except those mentioned
under Articles 20 and 21, can be
suspended.
How they are These rights have no need for
enforced any legislation to be
implemented and they are
automatically enforced.
such law or amendment as
unconstitutional.
These provisions help to promote
the welfare of the entire
communities of the country in a
collective manner.
These are positive in nature as
they allow the State to undertake
some actions which fulfill the
Directive Principles of State
Policy.
No. The Directive Principles of
State Policy cannot be suspended
under any circumstances.
The provisions require legislation
to be enacted for their
implementation and they are not
automatically enforced.

Study the NCERT Notes on Right to Equality here.

Views of the Judiciary on the Relation between Fundamental

Rights and Directive Principles of State Policy:

Supreme Court on Kerala Education Bill, 1958:

• While hearing an appeal on the Kerala Education Bill in 1958, the Supreme Court
of India affirmed the primacy of the fundamental rights over the Directive
Principles of State Policy.
• However, the court also mentioned that a harmonious relationship exists between
the two.
• Also, the court observed that on the whole, no conflict exists between the
fundamental rights and directive principles of state policy.

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Study the NCERT Notes on Important Articles in the Indian Constitution here.

Supreme Court in Golak Nath Case, 1967:

• The apex court noted that both the Fundamental Rights and Directive Principles of
State Policy constitute an ‘integrated scheme’ and both are elastic enough to deal
with the changing needs of the Indian Society.

Study the NCERT Notes on the Attorney General of India here.

Supreme Court in Kesavananda Bharati vs State of Kerala Case, 1973:

• The apex court opined that both the Fundamental Rights and the Directive
Principles of State Policy form a part of the ‘Conscience of the Constitution’.
• Moreover, no conflict exists between the two and both of them complement each
other in a positive manner.

Study the NCERT Notes on Types of Writs in India here.

Supreme Court in N.M. Thomas vs Kerala Government Case, 1975:

• The Supreme Court observed that both the Fundamental Rights and the Directive
Principles of State Policy should always be viewed as having an harmonious
relationship among them and the judiciary should always resolve any irregularities
between the two concepts.

Study the NCERT Notes on The President of India here.

Supreme Court in Pathumma vs State of Kerala Case, 1978:

• The Supreme Court opined that the prime objective of the Directive Principles of
State Policy is to fulfill various socio-economic goals in order to ensure the
immediate achievement of bringing a non-violent social revolution in the Indian
Society.

Study the NCERT Notes on Directive Principles of State Policy here.

Supreme Court in Minerva Mills Case, 1980:

• The Court noted that the Fundamental Rights are not an end in themselves, but are
the means to an end’.
• And, these ends are specified by the provisions mentioned in the Directive
Principles of State Policy.

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Supreme Court in IR Coelho Case, 2007:

• The court said that the Government owns the responsibility to ensure that a middle
path is adopted between the individual liberty (fundamental rights) of citizens and
the public good (Directive Principles of State Policy) of the Indian Society.

Study the Article on UPSC Polity Strategy here.

Checkout the test series for UPSC IAS Exam here.

We hope that all your doubts regarding the Difference between the Fundamental Rights
and Directive Principles of State Policy will be cleared after going through this article. You
can download the Testbook App now to check out various other topics relevant to the
UPSC IAS Exam.

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