COMPARISON BETWEEN DIRECTIVE PRINCIPLE OF STATE POLICY & FUNDAMENTAL RIGHTS

INTRODUCTION
The fundamental rights and the directive principles find common origin in the Sapru Report of 1945, which had divided the fundamental rights into two parts viz. Justifiable and non-justifiable rights. While justifiable rights were incorporated in the Part III; non-justifiable rights were incorporated as directive principles to the state without any guarantee to be enforced via court. Thus, the directive principles are guidelines by the constitution to the state as defined in article 12 (central, state, local government and bodies). Basic idea is that the “state” should keep these principles while framing laws, policies, ordinances etc.
SOURCES OF DPSP
India borrowed the DPSP from Irish Constitution of 1937 which itself had borrowed it from Spanish Constitution. Further, the Government of India Act had some “instruments of Instructions” which became the immediate source of directive principle of state policy.
FEATURES OF DPSP
DPSP’s are not enforceable in a court of law. They were made non-justifiable keeping in view that the state may not have resources to implement them. All of them are novel principles which call upon the state to provide a welfare government which can bring live ideals of the constitution.

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By
Arun, Nikita Rathi