The phrase ‘Directive Principles of State Policy’ (PART IV) denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.
They embody the concept of a ‘welfare state’. In that sense, K C Wheare called them a ‘manifesto of aims and aspirations’ and opined that they serve as mere ‘moral homily’.
Constitutional Provisions
- The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51.
- The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution. Dr B.R. Ambedkar described these principles as ‘novel features of the Indian Constitution.
- The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and are the soul of the Constitution.
Features
- The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.
- The Supreme Court has ruled many times that in determining the constitutionality of any law if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ about Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
Role
- They facilitate stability and continuity in domestic and foreign policies in political, economic and social spheres despite the changes in the party in power.
- They are supplementary to the fundamental rights of the citizens. They aren intended to fill in the vacuum in Part III by providing for social and economici rights.
- Their implementation creates a favourable atmosphere for the full and proper enjoyment of the fundamental rights of the citizens. Political democracy, without economic democracy, has no meaning.
- They enable the opposition to exercise influence and control over the operations of the government. The Opposition can blame the ruling party on the ground that its activities are opposed to the Directives.
- They serve as a crucial test for the performance of the government. The people can examine the policies and programmes of the government in light of these constitutional declarations.
- They serve as a common political manifesto. ‘A ruling party, irrespective of its political ideology, has to recognise the fact that these principles are intended to be its guide, philosopher and friend in its legislative and executive act.
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