Directive Principles of State Policy — Introduction
What are DPSPs, Articles 36-37, non-justiciable but fundamental in governance, borrowed from Irish Constitution, and difference from Fundamental Rights.
📋 In This Article
1. What Are DPSPs?
Directive Principles of State Policy (DPSPs) are guidelines or principles given to the central and state governments to keep in mind while framing laws and policies. They are contained in Part IV (Articles 36–51) of the Constitution.
The term “Directive Principles” was borrowed from the Irish Constitution (1937), which had similar provisions called “Directive Principles of Social Policy.”
2. Articles 36 and 37
Article 36 — Definition of State
Article 36 defines “State” for the purposes of Part IV (DPSPs). It has the same meaning as in Article 12 (for Fundamental Rights) — it includes the Central Government, State Governments, Parliament, State Legislatures, and all local and other authorities.
Article 37 — Application of DPSPs
Article 37 is the most important article in Part IV. It states:
- The provisions of Part IV shall not be enforceable by any court
- But the principles therein laid down are fundamental in the governance of the country
- It shall be the duty of the State to apply these principles in making laws
3. Source — Irish Constitution
DPSPs were borrowed from the Irish Constitution of 1937. Ireland had similar provisions called “Directive Principles of Social Policy” in Articles 45 of its Constitution.
The Irish Constitution itself was influenced by the Spanish Constitution of 1931. The concept of directive principles was developed to bridge the gap between political democracy (Fundamental Rights) and economic democracy (social and economic justice).
4. Characteristics of DPSPs
- Non-justiciable: Cannot be enforced by courts — no legal remedy if violated
- Fundamental in governance: The State has a constitutional obligation to apply them
- Positive obligations: They direct the State to take positive action (unlike FR which are negative obligations)
- Socio-economic goals: They aim to establish a welfare state and social justice
- Comprehensive: Cover economic, social, political, and international aspects
- Not absolute: They can be balanced against other considerations
5. FR vs DPSP — Comparison Table
| Aspect | Fundamental Rights | DPSP |
|---|---|---|
| Part | Part III (Articles 12-35) | Part IV (Articles 36-51) |
| Nature | Justiciable — enforceable by courts | Non-justiciable — not enforceable |
| Character | Negative obligations (State shall NOT) | Positive obligations (State SHALL) |
| Source | USA Constitution | Irish Constitution |
| Suspension | Can be suspended during Emergency | Cannot be suspended |
| Focus | Political democracy | Economic and social democracy |
| Remedy | Courts can enforce | No legal remedy |
| Priority | Courts enforce them | Moral obligation on State |
6. Importance of DPSPs
- They provide a blueprint for a welfare state
- They supplement Fundamental Rights by providing socio-economic justice
- They serve as a check on the government — voters can judge the government by how well it implements DPSPs
- They have been used by courts to interpret Fundamental Rights broadly
- Many DPSPs have been implemented through legislation — e.g., Article 40 (Panchayati Raj), Article 44 (UCC debate), Article 48A (Environment Protection Act)
- They represent the aspirations of the people for a just social order
7. Key Points for Exam
🔑 Must-Remember Facts
- DPSPs: Part IV, Articles 36-51
- Borrowed from Irish Constitution (1937)
- Article 37: DPSPs are non-justiciable but “fundamental in governance”
- DPSPs are positive obligations; FR are negative obligations
- DPSPs cannot be suspended (unlike FR during Emergency)
- DPSPs represent economic and social democracy
- FR from USA; DPSP from Ireland; FD from USSR
- Courts cannot enforce DPSPs but can use them to interpret FR
- Champakam Dorairajan (1951): FR prevail over DPSP
- Minerva Mills (1980): Harmony between FR and DPSP is basic structure