Full form of DPSP and the difference between FR and DPSP

In this article, I will be talking about DPSP - its full form and the difference between Fundamental Rights and DPSP

What is DPSP and its full form?

DPSP means Directive Principles of State Policy, which are basically the guidelines that the State should follow, but it often depends on them for the decision-making or how much they should refer to these guidelines.

You can also refer to it as the instruction manuals that a government may use to do justice, form rules, etc. The government doesn't need to be using this guidebook every single time; a term that you may have come across would be the enforcement of these laws.

These are different from laws and are, thus, basic rules for a government that has been formed to improve the standard of living, public health, etc. These are suggestions to the government in regard to legislative, executive, and administrative issues that have been drawn from the Irish Constitution.

The Directive Principles of State Policy (DPSP) in India embody socialist welfare principles, promoting social justice, equitable distribution of resources, and welfare of all citizens. DPSP encourages the state to work towards eliminating inequality, providing equal opportunities, and ensuring the well-being of marginalized sections of society.

By incorporating socialist principles, Directive Principles of State Policy (DPSP) aims to create a society where the government plays a proactive role in uplifting the underprivileged and securing their fundamental rights, leading to a more equitable and inclusive welfare system.

Fundamental Rights and Directive Principles of State Policy

DPSP, as you have read, are not enforceable; they are mentioned in Part IV (articles 36-51) of the Constitution, as they are the directions to the State. They work on Socialist welfare and Gandhian principles.

The aim of DPSP is the welfare of the people, whether it be social, economic, or political justice. One of the most significant directive principles of the Indian Constitution is "Equal Justice and Free Legal Aid."

In the infamous Kesavananda Bharati case (1973): "The Supreme Court declared that there is no essential dichotomy between the fundamental rights and the Directive principles. They complement and support each other."

Fundamental rights mentioned in Part III of the Indian Constitution fall under articles 12 to 35. The idea of fundamental rights is borrowed from the Bill of Right of the Constitution of the United States of America and are justifiable. However, the state can impose restrictions on them in situations of emergency.

The right to constitutional remedies, which allows for the issuance of writs in the event of such a breach, allows for the challenge of any violation of a fundamental right in court through the following methods:

Habeas corpus

Habeas corpus means that if someone is arrested or detained, they have the right to go to court and ask the judge to decide if the arrest or detention is legal. It ensures that the government cannot keep someone in jail without a good reason and gives individuals a fair chance to challenge their imprisonment.

Certiorari

Certiorari is a legal term that refers to when a lower court's decision is being questioned, and a party can ask a higher court to examine the case and determine if any mistakes were made. It makes sure that the law is applied fairly and uniformly in all courts.

Prohibition:

Prohibition is a court order that prohibits or stops someone from doing a specific action. It is typically used to prevent certain behaviours or activities that may be considered harmful, illegal, or against the law. Prohibition orders are issued by a court to maintain order, protect individuals or society, and enforce legal restrictions or requirements.

Mandamus

Mandamus is a court order that commands a public official, government agency, or organization to fulfil a particular duty or take a specific action. It is issued when an individual or group believes that the official or organization has a legal obligation to perform a certain task but has failed to do so.

Quo warranto

A judicial proceeding known as a quo warranto questions a person's eligibility to occupy a certain public office or position and seeks to determine whether the person has the legal authority or warrant to occupy the position they claim. Quo warranto is brought to court by someone who questions the eligibility or qualification of the officeholder and asks the court to inquire into the validity of their appointment or election. Its purpose is to ensure that public offices are held by those who are legally entitled to hold them.

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