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Sia ? 4 years, 8 months ago
Key Differences Between Fundamental Rights and Directive Principles
The difference between fundamental rights and directive principles are discussed in the points given below:
- Fundamental Rights can be understood as the basic freedoms enjoyed by every citizen of the country, which is recognized by society and sanctioned by the State. Conversely, When laws and policies are framed by the central or state government, certain principles are considered, called as directive principles of state policy.
- Fundamental rights are defined under Part III of the Constitution, comprising articles from 12 to 35. As against, Directive Principles of State Policy are embodied under Part IV of the Constitution, containing articles from 36 to 51.
- Fundamental rights are negative in nature, in the sense that it prevents the government from doing certain things. In contrast, Directive Principles are positive, as it requires the government to do certain things.
- Fundamental Rights are justiciable, as they can be enforced, whereas the directive principles are non-justiciable, in that, they are not enforceable in the court of law.
- While fundamental rights establish political democracy, directive principles set social and economic democracy.
- Fundamental Rights are legal sanctions, but directive principles are moral and political sanctions.
- Fundamental Rights follows an individualistic approach, and so it promotes individual welfare. On the contrary, Directive Principles promotes the welfare of the community as a whole.
Posted by Neyi Dupak 4 years, 6 months ago
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Sia ? 4 years, 6 months ago
| Negative liberty | Positive liberty |
| 1. It defines and defends the area of an individual’s life where no external authority can interfere. | i. It defines the area of society where an individual can be free with some constraints made by the society and the government. |
| 2. It is not concerned with the conditions of the society. | ii. It is concerned with the enabling conditions of the society. |
| 3. It is concerned with explaining the idea of ‘freedom from’. | iii. It is concerned with explaining the idea of ‘freedom to’. |
| 4. This area comes into personal domain of the individual. | iv. This area comes into social domain of the individual. |
| 5. More negative liberty leads to more freedom. | v. More positive liberty checks excess of freedom to an individual, which could be an obstruction for social stability. |
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