Difference between Fundamental Rights and DPSP

Understanding of both Fundamental Rights and DPSP is crucial from UPSC perspective.

  • While Fundamental Rights are the rights which are fundamental to the all-round development of an individual, DPSP denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.

Despite many similarities between Fundamental Rights and DPSP, there are certain differences also. In this article, we will discuss key differences between them.

Fundamental Rights
They are enumerated in Part III of the Indian Constitution.They are enumerated in Part IV of the Indian Constitution.
Covered under Articles 12 to 35 Covered under Articles 36 to 51 .
Borrowed from US Constitution (Bill of Rights)Borrowed from the Irish Constitution.
They are justiciable in nature i.e.; they are legally enforceable in the court of law in case of their violation.They are non-justiciable in nature i.e.; they are not legally enforceable in the court of law.
They promote the ideal of political democracy.They promote the ideal of social and economic democracy.
They promote the welfare of the individual.They promote the welfare of the community.
Almost all Fundamental Rights, excluding few like Right to Education etc, do not require any legislation for their implementation. They are automatically enforced.DPSP’s require legislation for their implementation. They are not automatically enforced.
These are negative as they restrict the power of the state. These are positive as they require the State to take certain steps.
Judiciary can declare a law as unconstitutional and invalid if it violates the Fundamental Rights.The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid.

  • However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive

Hope now you are clear about the difference between Fundamental rights and DPSP.

Till next time.

Read more: Other articles in the difference between series
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