DIRECTIVE PRINCIPLES OF STATE POLICY :
The Sub-committee on Fundamental Rights constituted by the Constituent Assembly has suggested two types of Fundamental Rights — one which can be enforced in the Courts of law and the other which because of their different nature cannot be enforced in the law Courts. Later on however, the former were put under the head ‘Fundamental Rights’ as Part III which we have already discussed and the latter were put separately in Part IV of the Constitution under the heading ‘Directive Principles of State Policy’ which are discussed in the following pages.
The Articles included in Part IV of the Constitution (Articles 36 to 51) contain certain Directives which are the guidelines for the future Government to lead the country. Article 37 provides that the ‘provisions contained in this part (i) shall not be enforceable by any Court, but the principles therein laid down are neverthless (ii) fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. The Directives, however, differ from the fundamental rights contained in Part-III of the Constitution or the ordinary laws of the land in the following respects :
(i) The Directives are not enforceable in the courts and do not create any justiciable rights in favour of individuals.
(ii) The Directives require to be implemented by legislation and so long as there is no law carrying out the policy laid down in a Directive neither the state nor an individual can violate any existing law.
(iii) The Directives per-se do not confer upon or take away any legislative power from the appropriate legislature.
(iv) The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles.
(v) The courts are not competent to compel the Government to carry out any Directives or to make any law for that purpose.
(vi) Though it is the duty of the state to implement the Directives, it can do so only subject to the limitations imposed by the different provisions of the Constitution upon the exercise of the legislative and executive power by the state.