Nature of Directive Principles of State Policy 

The Directive Principles of State Policy (DPSP), enshrined in Part IV of the Constitution of India, serve as vital guidelines for governance. These principles aim to establish a framework for the State to ensure social, economic, and political justice for all citizens. While DPSPs are foundational to the Indian constitutional structure, their non-justiciable nature often sparks debate. 

This article aims to provide a detailed understanding of the nature of DPSP, their characteristics, significance, and role in the governance of India.

What are Directive Principles of State Policy?

The Directive Principles of State Policy are a set of guidelines intended to steer the government in creating a welfare state. They were inspired by the Irish Constitution and are based on social, economic, and political justice. Unlike the Fundamental Rights guaranteed under Part III of the Constitution, DPSPs are not enforceable by the courts. However, their importance lies in guiding the legislature, executive, and judiciary towards achieving the vision of a welfare state.

DPSP reflects the framers’ desire to promote social and economic justice, and they have been instrumental in the development of laws and policies aimed at improving the living conditions of the people.

Nature of DPSP: Non-Justiciability

One of the defining features of DPSP is that they are non-justiciable, which means that no person can approach the court to enforce these principles. This aspect distinguishes DPSPs from the Fundamental Rights (Part III of the Constitution), which are justiciable and can be enforced by the judiciary.

• Non-Justiciable in Court: A person cannot claim a violation of DPSP as a legal right and seek a remedy through judicial proceedings.
• Moral and Political Guidelines: While not legally enforceable, DPSPs provide moral and political guidelines for the government. They encourage the State to create laws and policies that promote the welfare of the people, but there is no legal recourse if the government fails to act in accordance with these principles.
• Importance Despite Non-Justiciability: Although DPSPs are non-enforceable in courts, their significance cannot be undermined. They shape government policy, serve as a moral compass for governance, and direct the State towards ensuring social, economic, and political justice.

Relationship Between DPSP and Fundamental Rights

A key aspect of the nature of DPSP is their relationship with Fundamental Rights. While the latter are justiciable and protect individual freedoms, the former are designed to ensure a more holistic approach to governance, covering not only political but also social and economic justice.

Complementary Role

DPSPs and Fundamental Rights work hand-in-hand to build a just society. While Fundamental Rights guarantee the freedoms of citizens, DPSPs guide the government to fulfil social and economic aspirations, ensuring that these rights are meaningful and accessible to all.

For example:

• Article 21 of the Constitution guarantees the right to life and personal liberty.
• Article 38 directs the State to secure social, political, and economic justice, promoting equality and welfare for all citizens.

Thus, DPSPs and Fundamental Rights together aim to realise the constitutional vision of justice, liberty, equality, and fraternity.

DPSP Over Fundamental Rights?

There have been instances where a conflict has arisen between the Fundamental Rights and DPSPs, leading to legal battles. However, the courts have generally maintained that Fundamental Rights take precedence over DPSPs. For example, the Champakam Dorairajan case (1951) affirmed that when there is a conflict, Fundamental Rights will prevail.

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that the basic structure of the Constitution cannot be altered by Parliament, even to implement DPSPs. This case underscored the primacy of Fundamental Rights while acknowledging the importance of DPSPs in guiding policy decisions.

Conclusion

The nature of DPSPs in the Indian Constitution is complex and multifaceted. While they are non-justiciable and not enforceable in courts, they form an essential part of the moral framework for governance. DPSPs provide guidance for legislative, executive, and judicial actions and play a crucial role in shaping the policies and laws of the State towards achieving social, economic, and political justice.

Despite their non-enforceable nature, DPSPs have contributed significantly to the creation of welfare-oriented policies and laws in India. They remain vital for realising the Constitution’s promise of justice, liberty, equality, and fraternity for all its citizens. 

Although challenges and criticisms exist, particularly concerning their vagueness and non-justiciability, DPSPs continue to serve as guiding principles for India’s development into a just and inclusive society.