Nature And Justiciability Of Directive Principles Of State Policy

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Rajashree R. Bellakki, Christ (Deemed to be University), Bangalore

ABSTRACT

The Directive Principles of State Policy (DPSP), drawn from the Irish Constitution, are integral to India's constitutional vision of achieving socioeconomic justice. These principles, enshrined in Articles 36–51 of Part IV, guide the state in promoting welfare, reducing inequality, and ensuring social justice, though they are not legally enforceable, as outlined in Article 37. The judiciary has played a pivotal role in interpreting DPSPs alongside Fundamental Rights, particularly through landmark cases like Keshavananda Bharati v. State of Kerala and Minerva Mills Ltd. v. Union of India, which affirmed the complementary relationship between Parts III and IV of the Constitution. Over time, the Supreme Court has expanded the scope of Article 21, which guarantees the right to life, to include rights such as education, shelter, and dignity, by drawing on DPSPs. While Directive Principles of State Policies are not justiciable, the judiciary has creatively used them to influence legislation and public policy. The evolving relationship between Fundamental Rights and DPSPs highlights the balance between individual freedoms and the state's obligation to build a welfare state. Despite the challenges in implementation, Directive Principles of State Policy’s continue to shape India's legal and political framework, providing a blueprint for justice, equality, and dignity for all. Through judicial interpretation, DPSPs have gained increasing relevance, but most of the Directive Principles of State Policies are yet to be enforced which in turn ensures enforceability of socio-economic rights as well.

Keywords: Directive principles of state policy, socioeconomic justice, judiciary, fundamental rights, enforceability.

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