Distinction between Fundamental Rights and Directive Principles

What is the difference between Fundamental Rights and Directive Principles ?

Fundamental Rights

• These are negative as they prohibit the state from doing certain things.
• These are justifiable.
• They aim at establishing democracy in the country.
• These have legal sanctions.
• They promote the welfare of the individual.
• Can be suspended during emergency.
• They are automatically enforced.
• The courts are bound to declare a law violative of any of the fundamental rights as unconstitutional and invalid.

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Directive Principles

• They are positive as they require the state to do certain things.
• These are non justifiable.
• They aim at establishing social, political democracy in the country.
• These have moral and political sanctions
• They promote the welfare of community.
• No such provision.
• They are not automatically enforced.
• The courts cannot declare a law violative of any of the Directive principles an unconstitutional and invalid.

Though the Directive Principles are not to be enforced directly they are bound to affect the decisions of the court. The Directive Principles do not represent the temporary will of a majority but the deliberate wisdom of the nation expressed through the Constituent Assembly entrusted with the paramount and the permanent law of the country.