Monday, February 2, 2015

Difference Between Fundamental Rights and Directive Principles

Difference Between Fundamental Rights and Directive Principles
  1. Fundamental rights constitute limitations upon State action, while the Directive Principles are instruments of instruction to the Government.
  2. The directives require to be implemented by legislation while fundamental rights are already provided in the Constitution.
  3. The Directive Principles are not enforceable in the courts and do not create any justiciable rights in favour of the individuals, while the Fundamental Rights are enforceable by the Courts(as per Article 32, 37, 226(1))
  4. In case of any conflict between fundamental rights and directive principles the former should prevail in the Courts.
  5. 42nd Amendment Act ensured that though the directive principles themselves are not directly enforceable it would be totally immune from unconstitutionality on the ground of contravention of the fundamental rights conferred by Articles 14 and 19.
  6. This attempt to confer a primacy upon the directives against the fundamental rights was foiled by the decision of the Supreme Court in Minerva Mills Case to the effect that a law would be protected by the Article 31C only if it has been made to implement the directive in Article 39(b)-(c) and not any of the other Directives included in Part IV.

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