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Fundamental Rights vs Directive Principles

Point-by-point comparison of Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) for CAPF Paper I revision

CAPF wiki2 min read5 sections
At a glance
SubjectPolity
RevisionPolityConstitutionFundamental RightsDPSPPaper 1

Fundamental Rights are in Part III (Articles 12 to 35) and Directive Principles of State Policy (DPSP) are in Part IV (Articles 36 to 51). Cover the right columns and recall the distinctions. For the underlying notes see fundamental rights and directive principles and fundamental duties.

Core comparison

Point Fundamental Rights (Part III) Directive Principles (Part IV)
Source idea Borrowed from the US Bill of Rights Borrowed from the Irish Constitution (which took it from Spain)
Nature Justiciable; enforceable in courts Non-justiciable; not enforceable in courts (Article 37)
Aim Political democracy Social and economic democracy
Negative or positive Mostly negative (restrain the State) Positive (direct the State to act)
Remedy on breach Courts can strike down the law (writs under Articles 32 and 226) No direct legal remedy
Suspended Can be suspended during a National Emergency Cannot be suspended

Key Articles to recall

Right (FR) Article Directive (DPSP) Article
Equality before law 14 Uniform Civil Code 44
Abolition of untouchability 17 Promotion of education and economic interests of weaker sections 46
Freedoms (speech, assembly, etc) 19 Organisation of village panchayats 40
Protection of life and personal liberty 21 Living wage and decent conditions 43
Right to education (added by 86th Amendment) 21A Free and compulsory education (now 6 to 14) 45 (recast)
Protection against exploitation 23 to 24 Equal pay for equal work 39(d)

The conflict and its resolution

Case or amendment What it settled
Champakam Dorairajan (1951) In a conflict, Fundamental Rights prevailed over DPSP; led to the 1st Amendment
25th Amendment (1971) Added Article 31C giving primacy to DPSP under Article 39(b) and (c)
Kesavananda Bharati (1973) DPSP can be given primacy but not by destroying the basic structure
Minerva Mills (1980) Balance and harmony between FR and DPSP is part of the basic structure

The accepted position now is harmonious construction: Fundamental Rights and DPSP are complementary, neither is absolutely supreme. See landmark supreme court cases and amendments and basic structure.

Fundamental Duties (Part IVA)

Added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee; Article 51A; originally ten, now eleven (the eleventh added by the 86th Amendment, 2002). They are non-justiciable, like DPSP.

Cross-references

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