The Directive Principles of State Policy differ from the Fundamental Rights in the following respects, though both aim to ensure happiness among common people. The differences are discussed as follows –
I. Fundamental Rights are meant for the citizen while Directive Principles of State Policy are meant for the State. They are some socio-economic instructions for the establishment of a welfare State.
II. Fundamental Rights are individualistic and meant for individual citizens. On the other hand, Directive Principles of State Policy are socialistic in nature and want to establish equality and justice in the society.
III. Fundamental Rights are enforceable in the courts. Individual can move to the court seeking legal assistance if Fundamental Rights are usurped by force. On the other hand Directive Principles of State Policy are not enforceable and no one can go to the courts to compel the State for their proper implementation.
VI. Fundamental Rights are automatically enforced. While Directive Principles, on the other hand, need legislation for their proper implementation so long as there is no law carrying out the policy laid down in the Directive Principles.
V. Fundamental Rights seek to establish political democracy while directive principles seek to establish social and economic democracy.
VI. Some Fundamental Rights are positive and some are negative in nature. On the contrary, almost all Directive Principles are positive in character.
VII. Fundamental Rights are political in character. These rights guarantee Some democratic rights to the citizen. On the other hand contrary, Directive Principles are economic in nature and want to ensure economic security of the people.
VIII. Some Fundamental Rights of the citizens remain suspended during national emergency. But the question of suspension of Directive Principles does not arise during emergency or in any time.
IX. Fundamental Rights are not absolute and citizens are subject to reasonable restrictions. On the other hand, Directive Principles are not subject to any constitutional limitations. Based on political will the government may or may not implement them.
X. Fundamental Rights are enforceable by the courts and the courts are bound to declare as void any law that is inconsistent with any of the Fundamental Rights on the other hand, Directive Principles are not enforceable by the courts and the courts can not declare as void any law which in conflict with any of the Directive Principles.
XI. In case of conflict between Fundamental Rights and Directive Principles, the former gets supremacy in the court. Every legislation made to implement Directive Principles of State Policy is subject to scrutiny of the court to determine whether it is violation of the Fundamental Rights, particularly Article 14 and Article 19.
XII. Fundamental Rights are more precise and concrete while Directive Principles are of wider significance.
Despite so many differences between two, Fundamental Rights and Directive Principles are closely connected to each other. Both concepts constitute an indispensable part of the Constitution and are fundamental for proper development of our country.
