JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 of justice’. Functionally speaking, the whole burden of ‘access to justice’ through courts is that it makes the ‘Rule of Law’ ‘justiciable’; without it, the whole gamut of human rights would remain inchoate, incomplete, imperfect or merely a theoretical abstraction. In this backdrop, we may raise a critical question of constitutional consequence for our exploration: What is the value of Directive Principles Of State Policy contained in Part IV of the Constitution,70 which are categorically declared under Article 37 “not [to] 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.” This question becomes all the more significant in relation to Fundamental Rights enunciated in Part III of the Constitution. Unarguably, both the Fundamental Rights spelled out in Part III and the Directive Principles of State Policy delineated in Part IV of the Constitution are fundamental in the governance of the country. Both are to be given effect by the same State,71 not arbitrarily, but through the making of proper legislative enactments by adhering to the constitutional theory of separation of powers premised on the principle of checks and balances. But, then, the vital question that still remains is: how to construe the distinctive import of the qualifying clause in Article 37, stipulating that directive principles, in spite of being fundamental in the governance of the country are “not [to] be enforceable by any court?” This may be illustratively expounded by considering the implementation of the provisions relating to education contained in Article 45 (Part IV) of the Constitution, as originally adopted and enacted in 1949, and commenced on January 26, 1950 for all intents and purposes.72 The one sentence directive of original Article 45 (a little bit longish!) provided: “The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.” What does it reveal in respect to the subject of education? 70 71 72 16 The complex of Part IV of the Constitution extends from Articles 36 to 51. As defined under Article 12 (in Part III) and replicated under Article 36 (in Part IV) of the Constitution. The original Article 45 underwent changes subsequently. It was amended and substituted to the following effect: “Provision for early childhood care and education to children below the age of six years: The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.” Vide the Constitution (Eighty-sixth Amendment) Act, 2002, s. 3, for Art. 45 (w.e.f. 1-4-2010).