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Which one of the following differences between the Fundamental Rights and the Directive Principles has been wrongly listed?
The Fundamental Rights are negative injunctive instructions while the Directive Principles are positive instructions to the government.
The Fundamental Rights are justiciable while the Directive Principles of State Policy are non-justiciable
The Fundamental Rights enjoy constitutional basis while the Directive Principles are based on conventions.
In case of clash between the Fundamental Rights and the Directive Principles the former get precedence.
Difference between Directive Principles and Fundamental Rights: The Directive Principles are not law, whereas the Fundamental Rights are part of the law of the country. Directive Principles are not justiciable, nor they are justiciable facts. Their enforcement has been clearly excluded from the jurisdiction of the courts. But the Fundamental Rights are law, and hence justiciable and enforceable in the court of law. Being non-legal, the Directive Principles are required to be transformed into laws for their implementation. Even without such legislation they may be operating effectively in certain executive and administrative areas where legislation is not a precondition for the exercise of a power. Fundamental Rights, on the other hand, are self-executory. The Directive Principles are basic to the governance of the country, and the Fundamental Rights are of basic importance in the field of individual rights. The DPSP are more general and the FR are specific. The Directive Principles do not bestow a person with any definite power, the Fundamental Rights invest a person or an individual with defined capacity. The Directive Principles are not a source of power for the administration while the Fundamental Rights are meant to control and contain the public authorities in the country. The DPSP are forward-looking while the Fundamental Rights are inward-looking. The former are the roadmap for the future whereas the latter look to the present as tethered to the present. The Directive Principles are concerned with dynamics of future law making while the Fundamental Rights are the safeguards created for the have-nots of the land. The Directive Principles are socialistic and the Fundamental Rights are individualistic.
By: MIRZA SADDAM HUSSAIN ProfileResourcesReport error
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