Differences Between FRs and DPSPs
- Philosophical Base: FRs stem from liberalism, safeguarding individual liberty against State action. DPSPs draw from diverse ideologies—welfare, socialism, Gandhism—focusing on collective progress.
- Nature: FRs impose restrictions on the State and sometimes private entities, protecting civil rights. DPSPs impose positive duties on the State to promote welfare through policy and governance.
- Enforceability: FRs are legally binding, backed by Article 32’s constitutional remedies, enforceable in courts. DPSPs, per Article 37, lack judicial enforceability, serving as guiding principles only.
- Outcome: FRs establish political democracy by securing individual freedoms and rights. DPSPs aim for socio-economic democracy, addressing group welfare and structural inequalities.
- Focus: FRs prioritize the individual as the unit of rights and protections. DPSPs target societal groups, aiming for broader equity and development.
Contemporary Angle:
- In 2021 Union of India v. Rajendra N Shah (97th Amendment partial strike-down) underscores State ratification issues in DPSP amendments.
- Judicial push for environmental DPSPs: Amid worsening climate crises (e.g., 2024 heatwaves, Delhi smog), the Supreme Court in 2023-24 rulings (e.g., MC Mehta v. Union of India revisited) expanded Article 21 to include the right to a clean environment, drawing from Article 48A (environmental protection).
- Ongoing Uniform Civil Code (Article 44) debates, post-2017 Triple Talaq ruling, highlight FR-DPSP tensions.
- Recently, Uttarakhand became the first state to enact a UCC in February 2024 (effective January 2025), mandating uniform laws on marriage, divorce, and inheritance (e.g., banning polygamy, setting a uniform marriage age). Excluding Scheduled Tribes.
