The Constitution of India, in Part IV, sets out a series of objectives and guidelines known as the Directive Principles of State Policy (DPSP). These principles are intended to be a guide for the state in its legislative and administrative actions to establish a just and equitable society. This essay will explain the nature of these principles and the duty of the state to comply with them. It will also examine the specific role of the Central Government in implementing these directives. While not enforceable in courts, the Directive Principles are fundamental to the governance of India and place a duty upon the state, including the Central Government, to apply them in making laws.
The Fundamental Nature of State Policy Principles
The Directive Principles of State Policy are contained in Articles 36 to 51 of the Constitution of India. These principles aim to create a social and economic democracy and guide the state towards establishing a welfare state (Shukla, 2017). They cover a wide range of social, economic, and political goals, such as securing a living wage for workers (Article 43), providing free and compulsory education for children (Article 45), and promoting international peace and security (Article 51).
The core asect of the DPSPs is found in Article 37 of the Constitution. This article explicitly states two key features. Firstly, “the provisions contained in this Part shall not be enforceable by any court”. This means that a citizen cannot go to court to compel the government to implement a Directive Principle. This non-justiciable character distinguishes them from the Fundamental Rights in Part III of the Constitution, which are legally enforceable. Secondly, despite this, Article 37 declares that the principles are “nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws”. This creates a constitutional duty on the part of the state to treat these principles as foundational when creating policy and legislation.
The Role of the Central Government
The duty to apply the DPSPs falls upon “the State”. Article 36, which is the first article in the chapter on DPSPs, specifies that the definition of “the State” for this part is the same as in Part III (Fundamental Rights). Under Article 12, “the State” includes the Government and Parliament of India, which means the Central Government is directly bound by the duty outlined in Article 37.
The Central Government’s role is therefore to act as a primary agent for translating these principles into law and policy. It fulfils this role by introducing and passing legislation that aligns with the goals of the DPSPs. For example, in pursuance of the principle in Article 40 to organise village panchayats, the Central Government passed the 73rd Constitutional Amendment Act, 1992, which gave constitutional status to Panchayati Raj institutions. Similarly, the enactment of the Mahatma Gandhi National Rural Employment Guarantee Act 2005 (MGNREGA) can be seen as an attempt to fulfil the objective of securing the right to work as mentioned in Article 41.
While initially the judiciary held that Fundamental Rights would prevail over DPSPs in case of a conflict, as in the case of *State of Madras v Champakam Dorairajan* (1951), the Supreme Court’s view has evolved. In later cases such as *Kesavananda Bharati v State of Kerala* (1973), the Court has taken the view that Fundamental Rights and Directive Principles are complementary and should be interpreted harmoniously as they together form the conscience of the Constitution (Jain, 2018). This means the Central Government must balance both Parts when formulating its policies.
In conclusion, the fundamental principles of state policy are constitutional instructions to the state to build a welfare state. Although they cannot be enforced in a court, they are considered fundamental to governance. The Central Government, being a key component of “the State”, has a clear constitutional duty to apply these principles by creating laws and policies that seek to achieve the social and economic goals articulated within them.
References
- Jain, M. P. (2018) Indian Constitutional Law. 8th edn. LexisNexis.
- Kesavananda Bharati v State of Kerala (1973) 4 SCC 225.
- Shukla, V. N. (2017) Constitution of India. 13th edn. Eastern Book Company.
- State of Madras v Champakam Dorairajan AIR 1951 SC 226.
- The Constitution of India 1950.
