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