DIRECTIVE PRINCIPLES OF STATE POLICY

INTRODUCTION

Our Constitution makers borrowed this concept from Irish Constitution (Article 45), it has its genesis in Spanish Constitution. Part IV of the Constitution of India deals with Directive Principles of State Policies. To understand the meaning of the directive principle of state policy, we need to understand the meaning of each word i.e. Directive + principle + state + policy which suggest that these are the principles that direct the state when it makes policies for its people. These DPSPs act as a guideline for the state and are needed to be taken into consideration while coming up with any new law but a citizen cannot compel the state to follow DPSPs.

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. There are various definitions to Directive Principles of State which are given below:

They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.

They seek to establish economic and social democracy in the country.  

DPSPs are ideals which are not legally enforceable by the courts for their violation.

Reflection of Preamble

The Preamble of the Constitution is called the key to the mind of the drafters of the Constitution. It lays down the objectives that our Constitution seeks to achieve. Many scholars believe that DPSPs is the kernel of the Constitution.

The Directive Principles of the State Policy (DPSPs) lay down the guidelines for the state and are reflections of the overall objectives laid down in the Preamble of Constitution. The expression “Justice- social, economic, political” is sought to be achieved through DPSPs. DPSPs are incorporated to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and fraternity. Moreover, it also embodies the idea of the welfare state which India was deprived of under colonial rule.

DPSPs and its Intricacies

Constitution Drafters divided rights of the citizen into two parts i.e., Justiciable and Non Justiciable part. Part III of the Constitution was made Justiciable and the non-justiciable part was added in Part IV (Article 36 to Article 51) of the Indian Constitution. This part is called the Directive Principles of State Policy.

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