Actual Article
Article 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.
UPSC Notes for Article 37
- Nature of Directive Principles: Article 37 explicitly states that the provisions of Part IV, which contains the Directive Principles of State Policy (DPSPs), are not enforceable by any court. This means that no legal action can be taken against the State for non-implementation of these principles.
- Fundamental in Governance: Despite their non-justiciable nature, DPSPs are considered fundamental in the governance of the country. They are guidelines for the creation of a social order characterized by social, economic, and political justice.
- Duty of the State: The State is obligated to apply these principles in law-making. This places a moral duty on the government to incorporate these principles in its policies and legislation.
Important Aspects of DPSPs Under Article 37
- Guiding Principles: DPSPs act as guiding principles for the central and state governments in India. They aim to establish a welfare state by promoting the welfare of the people.
- Balance with Fundamental Rights: DPSPs are meant to complement Fundamental Rights (Part III). While Fundamental Rights are enforceable, DPSPs guide state policy to create conditions where these rights can be effectively enjoyed by all citizens.
- Examples of DPSPs: Some key DPSPs include the promotion of the welfare of people, provision for just and humane conditions of work, promotion of educational and economic interests of weaker sections, and the organization of village panchayats.
Important Cases Related to Article 37
- State of Madras v. Champakam Dorairajan (1951): The Supreme Court held that DPSPs cannot override Fundamental Rights. However, they are fundamental in the governance of the country.
- Kesavananda Bharati v. State of Kerala (1973): The Supreme Court established the doctrine of the basic structure, indicating that while DPSPs are not enforceable, they must be harmonized with Fundamental Rights to achieve the objectives of the Constitution.
- Minerva Mills Ltd. v. Union of India (1980): This case emphasized the balance between Fundamental Rights and DPSPs, ruling that while DPSPs are non-justiciable, they are essential for the governance of the country and should guide state policy.
Important Reports Related to Article 37
- Second Administrative Reforms Commission Report (2009): The report stressed the importance of incorporating DPSPs into policies and laws to achieve good governance and social justice.
- Law Commission of India Reports: Various reports have recommended legislative and policy measures to ensure the effective implementation of DPSPs, thus fostering social and economic democracy.
Additional Insights
- Moral and Political Obligation: Although DPSPs are non-justiciable, they impose a moral and political obligation on the State to work towards realizing the socio-economic goals set forth in Part IV of the Constitution.
- Policy Framework: DPSPs serve as a policy framework for the government to formulate laws and policies aimed at achieving a welfare state. They cover a wide range of issues, including social justice, economic welfare, foreign policy, and legal and administrative reforms.
- Role in Legislation: Several landmark legislations and schemes in India, such as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and the Right to Education Act (RTE), are inspired by the principles laid down in Part IV of the Constitution.
Previous Year Prelims Questions Related to Article 37
- UPSC Prelims 2016: Which of the following statements regarding Directive Principles of State Policy (DPSPs) is correct?
- (a) They are enforceable by the courts.
- (b) They are fundamental in the governance of the country.
- (c) They have an overriding effect on Fundamental Rights.
- (d) They are enforceable only during a national emergency. Answer: (b) They are fundamental in the governance of the country.
- UPSC Prelims 2018: Consider the following statements:
- (1) The Directive Principles of State Policy are justiciable.
- (2) It shall be the duty of the State to apply these principles in making laws. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2 Answer: (b) 2 only
Previous Year Mains Questions Related to Article 37
- UPSC Mains 2016: Explain the significance of Directive Principles of State Policy in the governance of the country. How do they complement Fundamental Rights in achieving the ideals of the Constitution? (15 marks)
- UPSC Mains 2018: Analyze the role of Directive Principles of State Policy in shaping social and economic legislation in India. Provide examples to support your answer. (10 marks)
By thoroughly understanding Article 37, including its provisions, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can gain a comprehensive insight into the role of Directive Principles of State Policy in guiding the governance of the country towards achieving a welfare state characterized by social, economic, and political justice.