JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA
VOL. 21, 2022
of ‘non-enforceability’, and that has led us to the strange adventures to finding ways, how to
make them enforceable?112
What is the strategic significance of declaring directive principles in Part IV non-enforceable
(as distinguished from the enforceable ones at the instance of individual citizens in Part III)
and, at the same time, treating them as “fundamental in the governance of the country” and
commanding the State that it would be its mandatory constitutional “duty” “to apply these
principles in making laws”? The answer is provided concomitantly by the founding fathers of
the Constitution themselves. This is by stating unequivocally that, that very State,113 which is
obligated to protect the Fundamental Rights of citizens under Part III, is mandatorily required
“to secure a social order for the promotion of welfare of the people.”114 And the envisaged
complexion of such a “social order” to be secured by the State is comprehensive in character;
namely, “a social order in which justice, social, economic and political, shall inform all the
institutions of the national life.”115 In this wise, the State is commanded, “in particular,” to
“strive to minimise the inequalities in income, and endeavour to eliminate inequalities in
status, facilities and opportunities, not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different vocations.”116
In view of this comprehensive constitutional character of the affirmative role of the State, read
with the solemn resolve to create an inclusive social order (Fraternity) in the very Preamble of
the Constitution, the message is ‘loud and clear’: the State is ‘duty bound’ to provide justice
to all ipso facto, including particularly the ones who are vulnerable – socially, economically
and politically. The State is not required to be prompted to implement the directives, unlike
in the case of Fundamental Rights, by making them enforceable (that is, justiciable) in any
court of law. The State action itself is expected to be ‘self-justified.’
Finally, in our summation, we may decipher and crystalise the following four reasons in
proximity, showing why the Directive Principles of State Policy have been envisioned in our
Constitution simply as non-enforceable:
112 See generally, supra, Part III.
113 The definition of the State given under Article 12 of Part III, shall be the same for the purpose of Part IV by virtue of Article 36 of Part IV of
the Constitution.
114 Article 38 of the Constitution.
115 Article 38(1) of the Constitution.
116 Article 38(2) of the Constitution. Inserted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 9 (w.e.f. 20-6-1979).
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