Certain principles and guidelines to the State set forth by the Constitution of India (CoI) while governing and framing laws and policies are known as Directive Principles of State Policy (DPSP). These provisions are contained in the CoI, Part IV, articles 36 to 51. They embody the concept of a ‘welfare state,’ which was absent during the colonial era. Being the soul of a welfare-state, they provide guidance to the interpretation of fundamental rights and statutory rights. In short, they lay down fundamental principles for governance of the country. DPSP, deriving from Ireland, substantiate concepts of social justice, economic welfare and foreign policy in legal and administrative matters. While outlining the intention of the Constituent Assembly, Dr Ambedkar said, “They should be made the basis of all executive and legislative actions that may be taken hereafter in the matter of the governance of the country.”
A Constitutional Mandate
Unlike Fundamental Rights, the DPSP are non-binding in nature. This means they are not enforceable by the courts for their violation. Yet they impose a duty on the state to apply these principles in making laws to establish a just humane society. They are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. Hence, they impose a moral obligation on the state authorities for their implementation.
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Fr Ravi Sagar SJ
