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Fundamental Rights and Directive Principles of State Policy


Fundamental Rights and Directive Principles of State Policy

Fundamental rights can be effective and assertive tools for the human that can be embedded by the legal authority such as courts while directive principles are not justified by the courts if any violations are created with these concerns.


The study introduces the basic concept that relates to the fundamental right of enforcing human rights by their existing right and enables them to cast their vote and take part in many democratic phenomena. On the other hand, the directive principles of the states strive that the state will ensure the welfare policy for their citizens and promote the basic concepts related to Political, social, and economic justice. On the contrary, the basic conceptions that relate to the directive principle are to focus on international peace and security and demonstrate the social principle while accessing the principles. 

Fundamental Rights 

Fundamental rights demonstrated the basic conceptions of human rights enriched by the constitutions under Part III and articles (12- 35) for making them full of enthusiasts by full capabilities. The concept of a fundamental right is taken from the USA that illustrated the constitution as guardian of this right to promote the significance of these specific considerations. On the contrary, it was 7th in number but later on by the implementation of the 44th amendment bill 1978 articles 31(Right to property) have been removed from the list and become the Legal right under section 300. Along with this, the present time it is 6 and that highlights the strength and facilitates the opportunity to grab the humanitarian consideration within the society. 

Right to Equality (14-18) – Provides the equal right to each person to avail the opportunities from the constitutions. 

Right to Freedom (19-22) – Persons can persist in their freedom to avail their freedom by adopting the social mindset. 

Right against social exploitation (23-24) – Always provoke against social exploitation while advocating for justice. 

Right to have religious freedom (25-28) – Each person has the right to celebrate their religious perceptions. 

Rights that are related to cultural and educational phenomena (29-30) – we have the right to provoke cultural educational opportunities by applying fundamental rights. 

Right relates to changes in the constitution remedies (32) – constitutional remedies sometimes called the soul of Indian constitution and facilitate the changes that are required according to the constitutional phenomena. 

Directive principles of State Policy 

The concept of the directive principles is considered as ideological directions provided by the constitution to the government for effective implication while accessing the assertive principles. On the contrary, it can be evaluated as a framework of duty applied by the states to their citizens from the perspective of administrative laws and regulations. The concept of these principles has been described by Dr. Bhim Rao Ambedkar for assisting the specific features that forecasted the overall idea under the Part IV articles (36-51). Apart from this, the basic phenomena of the directive principles are to make the welfare state and enable social and economical democracy. Apart from this, the basic phenomena of DPSP are to focus on some effective consideration of existing social and welfare improvement within the society. Moreover, it is based on three conceptions such as 

Socialist principles 

The main concept behind the socialist principles is to establish economic and social justice for the welfare states and provide the relevant entities to make the effective move belonging to the existing procedures. Furthermore, it focuses on achieving the goals of fulfilling the consequences of the social principles in a decorative way. On the other hand, it consists of the articles such as 38 to 43A by applying the structural phenomena of state belonging to the existing social welfare in the society. 

Gandhian principles 

The Gandhian principles advocate the reconstruction of society by the liberal rules and applying the basic perception belonging to the social emancipation in the existing procedure. The basic principles of the Gandhian principles are to focus on the reconstruction of the entire law and entities conclusively supported by the administration. The articles that belong to this era are 40 to 48 by constructively facilitating the key framework. 

Liberal principles 

The mentioned principles demonstrated the key features that forecasted ideology and embody liberalism in a constructive mindset and assisted the significance of the welfare state by adopting the rules and regulations for the state entities. On the contrary, the integral part of these principles is to highlight the magnificent structure by forcing the conception of making a liberal state in concern with the existing phenomena of developing states. Moreover, this ideology comes to implement the existing issues and is approved by the local government body for the sake of applying liberalism within the state to reconstruct effective laws for their citizens. 

Conclusion

The study concludes the basic features of the fundamental rights and directive principle of the state by enacting the law constructively assisted by the constitution. The main feature of the fundamental right is now the right of each citizen provided by the constitution and forcing it in daily livelihood. On the other hand, the directive principles advocate the making of a welfare state based on economic and social mindset by applying the liberal and Gandhian principles. Moreover, the basic features that highlight the core concept are fundamental rights that can be enforced by the constitution whereas directive principles are based on welfare states. 

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