Question

Distinguish between Fundamental Rights and Directive Principles of State Policy. In case of a conflict between the Directive Principles and Fundamental Rights which of the two shall prevail?
OR
Examine the relationship between the Fundamental Rights and Directive Principles of State Policy.

Answer 1

Fundamental Rights and Directive of State Policy Principles can be distinguished in the
following manner: 

1. Rights are Justiciable, which means, The Supreme Court and the High Court have the power to issue orders or writs for the enforcement of the Fundamental Rights.
   The Directive Principles are Non-Justiciable, they are not enforceable. No worker can secure “a living wage” by means of proceeding in a Court.
2.  Rights protect life and civil liberties like – freedom to assemble and express one’s opinion on matters of common interest. The Directive Principles indicate as to what our economic ideal or social order ought to be.
3. Fundamental Rights are mostly negative in character. They indicate the things which the State must not do. Thus, a person who is arrested, shall not be denied the right to consult a lawyer of his choice.
   The Directive Principles are in the nature of positive directions to the State. They direct the State to secure to the citizens, economic assistance in cases of unemployment, old age, and sickness.
   In case of conflict between the Directive Principles and Fundamental Rights, both of these have equal importance. Both complement each other. Ordinarily, the Directives cannot take precedence over Fundamental Rights. Since Fundamental Rights are Justiciable, they are treated as being more important than the Directive Principles According to the Supreme Court, the Directive Principles “have to conform to and run as subsidiary to the chapter on Fundamental Rights”.