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Directive Principles of The State Policy

The document discusses the Directive Principles of State Policy (DPSP) outlined in Part IV of the Indian Constitution. The DPSP were modeled after similar principles in the Irish and Spanish constitutions. They represent non-justiciable ideals that guide the state's formulation of policies and laws. While not legally enforceable, the DPSP aim to realize constitutional values like justice, liberty, equality and fraternity. The framers made the principles non-enforceable due to India's lack of resources, diversity and the new government's preoccupations with establishing itself.

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174 views

Directive Principles of The State Policy

The document discusses the Directive Principles of State Policy (DPSP) outlined in Part IV of the Indian Constitution. The DPSP were modeled after similar principles in the Irish and Spanish constitutions. They represent non-justiciable ideals that guide the state's formulation of policies and laws. While not legally enforceable, the DPSP aim to realize constitutional values like justice, liberty, equality and fraternity. The framers made the principles non-enforceable due to India's lack of resources, diversity and the new government's preoccupations with establishing itself.

Uploaded by

ms
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DIRECTIVE PRINCIPLES OF THE STATE POLICY

PART IV (ARTICLES: 36 TO 51)


The directive principles of the state policy are enumerated in Part 4 of the Constitution from
article 36 to 51. The framers of the constitution borrowed this idea from the Irish
Constitution of 1937, which had copied it from the Spanish Constitution. Dr B. R.
Ambedkar described these principles as novel features of the Indian Constitution. The
Directive Principles along with the Fundamental Rights contain the philosophy of the
constitution and is the soul of the constitution.
Granville Austin has described the Directive Principles and the Fundamental Rights as the
Conscience of the Constitution.
FEATURES OF THE DIRECTIVE PRINCIPLES

The
framers
of
the
Constitution made the
DPSP non-justifiable and
legally non enforceable
because:

The country did not


possess
sufficient
financial resources to
implement them.
The presence of vast
diversity
and
backwardness in the
country would stand in
the
way
of
their
implementation.
The
newly
born
independent Indian state
with
its
many
preoccupations might be
crushed under the burden
unless it was free to
decide the order, the
time. the place and the
mode of fulfilling them.

Articles 36 to 51 deal with the provisions of the


Directive Principles which are contained in Part IV of
the Constitution. This concept is the latest
development in the Constitutional Governments
throughout the world, with the growing acceptance of
a welfare state.
The phrase Directive Principles of State Policy denotes
the ideals that the State should keep in mind while
formulating policies and enacting laws. These are the
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 II dealing with
fundamental rights.

Directive Principles are Instrument of


Instruction.

They embodied the concept of a welfare state


and not that of a police state.

DPSP are not legally enforceable by the


courts for their violation.

The Central and State govt. cannot be


compelled to implement them.

The DPSP constitute a very comprehensive


economic, social and political programme for a
modern democratic State.
They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined
in the Preamble of the Constitution.

The framers of the Constitution made the DPSP non-justifiable and legally non
enforceable because:

The country did not possess sufficient financial resources to implement them.
The presence of vast diversity and backwardness in the country would stand in the way of
their implementation.
The newly born independent Indian state with its many preoccupations might be crushed
under the burden unless it was free to decide the order, the time. the place and the mode
of fulfilling them.

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