Directive Principles of State Policy (DPSP) are not justiciable

Directive Principles of State Policy (DPSP) is enshrined in Part-IV (Article 36 to 51) of the constitution. It guarantees social and economic democracy and tries to establish a welfare state. These are the ideals that the State should keep in mind while formulating policies and enacting laws.

The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country‘, and it is the duty of the State to apply these principles in making laws and policies 

Article 37 of the Constitution states that the provisions contained in this Part (IV) shall not be enforceable by any court, but the principles therein laid down 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. Hence, they impose a moral obligation on the state authorities for their application.   

Limitations of Part IV of the Indian Constitution:

  1. No Legal Force: The DPSP are non-justiciable in nature i.e. they are not legally enforceable by the courts for their violation.
  2. Constitutional Conflict: DPSP leads to constitutional conflict between Centre and states, Centre and President, Chief Minister and governor.
  3. Conflict with Fundamental rights: They can be amended to implement the fundamental rights.
  4. Constitutional validity: A law cannot be struck down by courts for violating DPSP.
Print Friendly and PDF
Categorized as Polity