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.These provisions,
contained in Part IV of the Constitution of India, are not enforceable
by any court, but the principles laid down therein are considered
fundamental in the governance of the country, making it the duty of the
State to apply these principles in making laws to establish a just
society in the country. The principles have been inspired by the
Directive Principles given in the Constitution of Ireland and also by
the principles of Gandhi and relate to social justice, economic welfare,
foreign policy, and legal and administrative matters. It is the duty of
each central and state government to apply those principles while
framing laws and policies in order to create a social order
characterized by social, economic and political justice, liberty,
fraternity, and equality.
List of Directive Principles :
Directive principles of State PolicyThe framers of the constitution made the Directive Principles non-justiciable and legally non-enforceable because:
- The country did not possess sufficient financial resources to implement them.
- The presence of vast diversity and backwardness in the country would stand in the way of their implementation.
- The newly born independent Indian state with its many preoccupations might be crushed under the burden unless it was free to decide the order,the time,the place and the mode of fulfilling them.
The Directive principles are significant and useful in the following ways :
- They are like an 'Instrument of Instructions' or general recommendations addressed to all authorities in the Indian Union.They remind them of the basic principles of the new social and economic order,which the constitution aims at building.
- They have served as useful beacon-lights to the courts.They have helped the courts in exercising their power of judicial review,that is,the power to determine the constitutional validity of a law.
- They form the dominating background to all state action,legislative or executive and also a guide to the courts in some respects.
- The amplify the preamble,which solemnly resolves to secure to all citizens of India justice,liberty,equality and fraternity.
- They facilitate stability and continuity in domestic and foreign policies in political,economic and social spheres in spite of the changes of the party in power.
- They are supplementary to the fundamental rights of the citizens.the are intended to fill in the vacuum in part III by providing for social and economic rights.
- Their implementation creates a favourable atmosphere for the full and proper enjoyment of the fundamental rights by citizens.Political democracy without economic democracy is meaningless.
- 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 the light of these constitutional declarations.
- They serve as 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 in its legislative and executive acts.
There has been a lot of criticism of the Directive Principles of State Policy enumerated in Part IV of the Constitution. Following are the main points of criticism:
(i) It is said that the Directive Principles of State Policy are empty promises and a vote-catching device for the party-in-power. They also are highly vague and repetitive.
(ii) It is contended that these Principles are only pious promises which are meaningless as they cannot be enforced by the Courts.
(iii) Another criticism is that these empty promises are just like an undated bank cheque payable when able.
(iv) According to Sir B.N. Rau "The Directive Principles of State Policy are in the nature of moral precepts for the State authorities and are open to facile criticism that the Constitution is not the place for moral precepts."
(v) According to Sir Ivor Jennings "Directive Principles are based on no consistent philosophy." He further states that "the Directive Principles of State Policy do not matter."
(vi) Prof. Jennings has questioned the advisability of' adopting in the twentieth century, the principles which were followed in Britain during the nineteenth century.
Despite the aforesaid criticisms, the Directive Principles of the State Policy are a constant remainder to the State what it ought to do for the welfare of the people and establish an egalitarian society in the country. Of course, though not fully implemented, they have helped the country to move forward towards the ideals which the Founding Fathers of the Constitution placed before the future governments both at the centre and at the state levels.