Definition and Non-Justiciable Nature of DPSPs (Articles 36–37)
Indian Polity › Directive Principles of State Policy (DPSP) · Topic 7.1
The Directive Principles in Part IV (Articles 36 to 51), borrowed from the Irish Constitution, are ideals the State should follow in making policy and laws. They are non-justiciable but, under Article 37, fundamental in governance.
6 min read · UPSC Prelims · Polity · Directive Principles
At a Glance
- What it is The definition of State in Part IV and the statement that the Directive Principles are not enforceable by courts but fundamental in governance
- Articles Articles 36 and 37, in Part IV (Articles 36 to 51)
- Borrowed from The Irish Constitution of 1937, which had copied it from the Spanish Constitution
- Nature Non-justiciable; moral and political sanction
- Exam link UPSC Prelims, Polity: Directive Principles
Where Does It Fit?
This is the first topic of the category on Directive Principles of State Policy. Part IV of the Constitution lays down ideals the State should keep in mind. Article 36 defines the State and Article 37 gives the key feature, that the principles are non-justiciable but fundamental.
What Are the Directive Principles?
The Directive Principles of State Policy are enumerated in Part IV of the Constitution, in Articles 36 to 51. The framers borrowed the idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution. Dr B.R. Ambedkar described them as “novel features” of the Indian Constitution. Along with the Fundamental Rights they contain the philosophy of the Constitution and are its soul. Granville Austin called the Directive Principles and the Fundamental Rights the “Conscience of the Constitution”.
The phrase denotes the ideals the State should keep in mind while formulating policies and enacting laws. They are constitutional instructions or recommendations to the State in legislative, executive and administrative matters. According to Article 36 the term State in Part IV has the same meaning as in Part III, so it includes the legislative and executive organs of the central and state governments, all local authorities and all other public authorities.
Features of the Directive Principles
- They resemble the ‘Instrument of Instructions’ of the Government of India Act of 1935. Dr Ambedkar said the Directive Principles are merely another name for the instrument of instructions, the only difference being that they are instructions to the legislature and the executive.
- They constitute a comprehensive economic, social and political programme for a modern democratic State. They aim at realising the ideals of justice, liberty, equality and fraternity in the Preamble, and embody the concept of a welfare state and not a police state.
- They are non-justiciable, meaning they are not legally enforceable by courts and the government cannot be compelled to implement them. Yet Article 37 itself says they are fundamental in the governance of the country and it shall be the duty of the State to apply them in making laws.
- Though non-justiciable, they help the courts in examining the constitutional validity of a law. If a law seeks to give effect to a Directive Principle, the court may consider it reasonable in relation to Article 14 or Article 19 and save it from being unconstitutional.
Why Are They Non-Justiciable?
Sir B.N. Rau, the Constitutional Advisor, recommended dividing the rights of an individual into justiciable and non-justiciable categories, and the Drafting Committee accepted it. Fundamental Rights, being justiciable, went to Part III, and Directive Principles, being non-justiciable, to Part IV. The framers made them non-enforceable because the country did not have sufficient financial resources; its vast diversity and backwardness would stand in the way; and the newly independent State, with many preoccupations, might be crushed unless it was free to decide the order, time, place and mode of fulfilling them.
The real force behind them is therefore political, that is, public opinion. Alladi Krishnaswami Ayyar observed that no ministry responsible to the people can afford light-heartedly to ignore Part IV. Dr Ambedkar said that a government resting on popular vote can hardly ignore them and will have to answer for it to the electorate.
| Fundamental Rights | Directive Principles |
|---|---|
| Negative: prohibit the State from doing certain things | Positive: require the State to do certain things |
| Justiciable: enforceable by courts | Non-justiciable: not enforceable by courts |
| Establish political democracy | Establish social and economic democracy |
| Legal sanctions | Moral and political sanctions |
| Promote welfare of the individual; personal and individualistic | Promote welfare of the community; societarian and socialistic |
| Automatically enforced; no legislation needed | Require legislation; not automatically enforced |
| Courts must declare a law violating them invalid | Courts cannot invalidate a law for violating them, but can uphold it as giving effect to a directive |
Criticism and Utility
Critics said the Directives have no legal force: K.T. Shah called them ‘pious superfluities’ and compared them to a cheque on a bank payable only when resources permit, and T.T. Krishnamachari called them ‘a veritable dustbin of sentiments’. They were also called illogically arranged, with no consistent philosophy, and conservative, based on 19th-century English political philosophy, according to Sir Ivor Jennings.
Supporters point out that the Constitution itself declares them fundamental. M.C. Setalvad said they are like an Instrument of Instructions to all authorities, have served as beacon-lights to the courts in judicial review, and amplify the Preamble. They give stability and continuity to policy across governments, supplement the Fundamental Rights by providing for social and economic rights, serve as a test of government performance, and act as a common political manifesto.
Why Is This Topic Important?
- Foundation of Part IV Every question on Directive Principles begins with their nature
- Rights versus directives table Table-based comparisons are asked often
- Soul of the Constitution Austin’s phrase and Ambedkar’s views are frequently quoted
What Came Next?
The next topic covers the socialistic principles, which aim at social and economic justice.
Key People and Terms
- Non-justiciable Not enforceable by the courts
- Instrument of Instructions Instructions issued to governors under the 1935 Act, which the Directives resemble
- Welfare state A State concerned with the well-being of its people, not only law and order
- Police state A State confined to law and order and defence, the colonial model
- Part IV Articles 36 to 51
Exam Corner
Points to Remember
- Part IV: Articles 36 to 51, borrowed from Ireland.
- Article 36 defines State; Article 37 says they are non-justiciable but fundamental.
- Sanction: moral and political, behind it public opinion.
- Austin: Conscience of the Constitution.
Do Not Confuse With
- Directive Principles and Fundamental Rights Directives are positive and non-justiciable; rights are negative and justiciable
- Article 36 and Article 37 Article 36 defines State; Article 37 gives the nature of the principles
- Welfare state and police state Directives embody the first, not the colonial second
Memory Hook
Thirty-six names the State, thirty-seven says do it, though no court will force you.
Mains Angle
Questions on this topic usually ask about the nature and value of the Directive Principles. Use these points to add depth.
- Moral force Their sanction is political, as Ambedkar and Alladi Krishnaswami Ayyar said
- Judicial use They help courts judge the reasonableness of laws under Articles 14 and 19
- Social and economic democracy They aim beyond the political democracy of Part III
- Criticism Critics point to no legal force, disorder and conservatism
A Question You May Face
An original practice question, not a past paper question.
“Discuss the nature of the Directive Principles and why they were made non-justiciable.”
How to Answer
- Introduction Part IV and its Irish origin.
- Features Instrument of Instructions, welfare state, non-justiciability.
- Reasons Resources, diversity, freedom to order priorities.
- Conclusion Political sanction and judicial guidance.
GS Relevance
Frequently Asked Questions
Which Articles contain the Directive Principles of State Policy?
The Directive Principles are in Part IV of the Constitution, Articles 36 to 51. Article 36 defines the State and Article 37 sets out their nature; Articles 38 to 51 contain the actual directives. Together they form the social and economic programme of the Constitution.
From which Constitution were the Directive Principles borrowed?
The framers borrowed the idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution. Dr Ambedkar described the principles as novel features of the Indian Constitution, and they are considered its soul together with the Fundamental Rights.
Why are the Directive Principles non-justiciable?
They are not legally enforceable by courts because the country lacked resources, had great diversity and backwardness, and the new State needed freedom to decide the order, time and mode of fulfilling them. Their sanction is moral and political.
What does Article 37 say?
Article 37 says that the Directive Principles are fundamental in the governance of the country and that it shall be the duty of the State to apply these principles in making laws, though they are not enforceable by any court.
How do Directive Principles resemble the Instrument of Instructions?
Dr Ambedkar said they are like the instrument of instructions issued to governors under the Government of India Act of 1935. The difference is that the Directive Principles are instructions to the legislature and the executive.
How do courts use the Directive Principles?
Though non-justiciable, they help courts examine constitutional validity. If a law gives effect to a Directive Principle, the court may treat it as reasonable under Article 14 or Article 19 and save it, but cannot strike a law down merely for violating a Directive Principle.
PYQ Practice — Statement Analysis
1 The Directive Principles of State Policy are contained in Articles 36 to 51.
They are in Part IV.
2 The Directive Principles are enforceable by the courts like the Fundamental Rights.
They are non-justiciable.
3 The idea of Directive Principles was borrowed from the Irish Constitution.
Ireland had copied it from Spain.
4 Courts can declare a law invalid for violating a Directive Principle.
They can, however, uphold a law that gives effect to a directive.
5 Granville Austin called the Fundamental Rights and the Directive Principles the Conscience of the Constitution.
He treated them as its core.
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