DIFFERENCE BETWEEN FUNDAMNETAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY .
Introduction
The Indian Constitution is the world’s lengthiest Constitution, with 448 Articles, 25 Parts and 12 Schedules. It is the supreme law of the land and governs various areas, some of which are absolute and mandatory for the working of the nation. The various parts of the Constitution present a particular heading under which different laws related to that subject are given. The most prominent parts of the Indian Constitution, which are also the most talked about, are Parts III and IV, the Fundamental Rights and the Directive Principles of State Policy, respectively. Where the Fundamental Rights are the rights that are available to the citizens of the country, the Directive Principles are the mandates which the State needs to keep in mind while formulating laws and policies. Each has a distinct role to play and each part is detailed extensively.
However, there may arise certain situations where both these parts come into conflict with each other. A situation may demand that one be chosen over the other, i.e. one override the other. In such a case, it not only becomes difficult to choose between the two, but it also reduces the one not chosen in value. It is often argued that Fundamental Rights being fundamental, will override the Directive Principles, but it is also argued that Directive Principles are fundamental too in the sense that they provide the basis for the functioning of the State. To ascertain their true nature and functions, it is important to examine both the parts in detail and understand the points of difference between the two.
The Fundamental Rights
Rights are a very important part of an individual. Rights help in the development of personality and arms a person with reasonable claims that can be enforced against the State in case any of his fundamental beliefs have been violated. The Fundamental Rights envisaged in Part III of the Indian Constitution are the basic rights that are guaranteed to every citizen of the country, irrespective of his/her caste, creed, gender, religion, place of birth etc. There are six fundamental rights, mentioned in Articles 12 to 35 of the constitution:
- The Right to Equality, which promotes equality among the citizens and prohibits discrimination on certain grounds
- The Right to Freedom, which lists various freedoms, including the freedom of speech, freedom of profession etc.
- The Right to Freedom of Religion, since India is a mix of various religious groups, it is important to prevent the interests of the religious minorities from being undermined
- The Right against Exploitation, which prohibits forced labour, child labour and other forms of human exploitation
- Cultural and Educational Rights, because India is a diverse nation with so many cultures and beliefs, so it is essential to preserve the culture of every group
- The Rights to Constitutional Remedies, under which a person can approach the courts of the country if he/she feels that his/her Fundamental Rights have been violated
These rights further branch out and give us various other fundamental rights, such as the Right to Privacy, the Right to Education, the Right to Life and Personal Liberty etc.
Although the rights are fundamental in nature, they can be taken away in certain situations, for example, if there is a situation of emergency under Articles 358 and 359 of the Constitution. Even then, the Right to Life and Personal Liberty cannot be taken away by the State.
The Directive Principles of State Policy
The Directive Principles of State Policy run from Article 36 to 51 of the Constitution. They were borrowed from the Constitution of Ireland which in turn, had got it from the Spanish Constitution. The Directive Principles are sort of guidelines that the government needs to follow while drafting laws for the country. They fulfil the concept of a Welfare State, which can only be achieved if these Principles are applied in the sense that they are mentioned. Article 37 of Part IV states that although these principles are not enforceable in any court of law, they are fundamental in the governance of the country and the government has a duty to apply these principles while formulating laws.
As opposed to the Fundamental Rights, the Constitution of India does not classify the Directive Principles. Still, for a better understanding, they are generally classified into Socialistic principles, Gandhian principles, and Liberal-Intellectual Principles.
- Articles 38 to 39A, Articles 41 to 43A, and Article 47 are composed of socialistic principles, and they lay down the framework for the development of a democratic socialist state.
- Articles 40, 43, 43B, and 46 to 48 include Gandhian principles, which promote the ideology of Mahatma Gandhi during the movement for Independence.
- Articles 44, 45, and 48 to 51 are inclined towards the ideas of liberalism and intellectualism. The Uniform Civil Code is also covered under these Articles.
The Directive Principles do promote the guarantee of some rights, such as the right to equal pay for equal work, and also promote equality and justice, but they are more of regulations than rights. They can be categorised as the duties of the people who are responsible for running the country.
