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Article 37 of the Indian Constitution: Application of the Directive Principles

Part: IV
Shorthand Notes: DPSP Not Enforceable, Fundamental in Governance, State Duty

Part IV of the Indian Constitution, containing the Directive Principles of State Policy (DPSPs), represents the socio-economic charter of the nation. These principles are aspirations and goals that the State should strive to achieve for the welfare of its citizens. Article 37 serves as the foundational article for this Part, clearly defining the legal status and significance of the DPSPs within the constitutional framework.

Article 37 clarifies the unique position of DPSPs: they are not legally enforceable in the same way as Fundamental Rights, yet they are far more than mere recommendations. They are explicitly declared fundamental to the governance of the country and impose a positive obligation on the State to apply them in the process of law-making. This article thus bridges the gap between the legally binding Fundamental Rights and the aspirational DPSPs, outlining the State’s constitutional duty towards realizing the vision enshrined in Part IV.

Original Text

37. Application of the principles contained in this Part.

The provisions contained in this Part 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.

Detailed Explanation

Article 37 essentially lays down two key postulates regarding the Directive Principles of State Policy:

  1. Non-Enforceability by Courts: The first and foremost characteristic highlighted by Article 37 is that the provisions of Part IV “shall not be enforceable by any court”. This means that if the State fails to implement any of the Directive Principles (like ensuring a living wage or equal pay for equal work), a citizen cannot approach a court (High Court or Supreme Court) to compel the State to implement that principle. This distinguishes DPSPs sharply from Fundamental Rights (Part III), which are justiciable, allowing citizens to move courts for their enforcement if violated under Article 32 (Supreme Court) or Article 226 (High Courts). The framers consciously made DPSPs non-justiciable primarily due to the lack of adequate resources at the time of independence and the diverse nature of the principles, many of which required complex policy decisions and state capacity building.

  2. Fundamental in the Governance of the Country & State’s Duty: Despite their non-justiciable nature, Article 37 elevates the DPSPs to a status higher than mere moral precepts. It unequivocally states that these principles “are nevertheless fundamental in the governance of the country”. This declaration signifies that the DPSPs are not just suggestions but represent the core philosophy and objectives of the State’s machinery – both the executive and the legislature. Furthermore, the article imposes a clear and binding “duty of the State to apply these principles in making laws”. This means that while courts cannot force the State to implement a DPSP, the State is constitutionally obliged to consider and aim for the realization of these principles when formulating policies, enacting legislation, and in executive decision-making. This transforms the DPSPs into guiding lights for the State, influencing the direction and purpose of governance towards establishing a welfare state based on social and economic justice.

Thus, Article 37 provides the constitutional basis for understanding the nature of DPSPs: they are non-justiciable moral obligations on the State, yet they form the cornerstone of good governance and serve as mandatory guidelines for policy and law-making. The enforceability lies not with the judiciary but with the legislature and, ultimately, with the people through the electoral process.

Detailed Notes

  • Article 37 is the defining article for Part IV (Directive Principles of State Policy).
  • It specifies the legal status of DPSPs.
  • Key provision 1: Provisions of Part IV are not enforceable by any court.
    • Citizens cannot file a case in court to compel the State to implement a specific DPSP.
    • Courts cannot issue writs (like mandamus) for the enforcement of DPSPs.
    • This makes DPSPs non-justiciable, unlike Fundamental Rights.
  • Key provision 2: The principles laid down in Part IV are fundamental in the governance of the country.
    • DPSPs represent the basic tenets and philosophy of the Indian State.
    • They are not mere aspirations but core objectives for the State machinery.
  • Key provision 3: It shall be the duty of the State to apply these principles in making laws.
    • Imposes a positive obligation on the State (legislature and executive).
    • The State must consider and integrate DPSPs when formulating policies and enacting legislation.
    • This duty is moral and political, not legally enforceable by courts against the State.
  • Article 37 balances the non-justiciability of DPSPs with their fundamental importance in governance.
  • It signifies that DPSPs are the guiding principles for establishing a welfare state and achieving socio-economic justice.
  • The enforceability of DPSPs primarily lies in the political realm, relying on the accountability of the government to the people.

Additional Comments

  • The non-justiciability allows the State flexibility in implementing DPSPs based on available resources and priorities over time.
  • Courts, while unable to directly enforce DPSPs, have increasingly referred to them to uphold the constitutionality of laws that aim to implement DPSPs, especially if they seem to conflict with Fundamental Rights.
  • The Supreme Court, in numerous judgments (e.g., Minerva Mills v. Union of India, Unni Krishnan v. State of Andhra Pradesh), has emphasized the harmony and balance between Fundamental Rights and Directive Principles, stating that they together constitute the conscience of the Constitution.
  • Article 37 underscores that governance in India is not just about maintaining law and order or protecting individual liberties (Part III), but also about actively working towards socio-economic equality and justice (Part IV).
  • The concept of DPSPs and Article 37 reflects the influence of the Irish Constitution’s Directive Principles of Social Policy.

Summary

Article 37 states that the Directive Principles of State Policy contained in Part IV of the Constitution are not legally enforceable in any court. However, it declares these principles to be fundamental to the governance of the country and imposes a duty on the State to apply them when making laws. This article clarifies that while citizens cannot seek judicial enforcement of DPSPs, the State is constitutionally guided and obligated, in a non-justiciable sense, to work towards realizing the socio-economic goals outlined in Part IV through its legislative and executive actions.
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