Article 36-51 under Part-IV of Indian Constitution deals with directive principle of state policy (DPSP). This is drawn from the Irish constitution of 1937, which had copied it from the Spanish Constitution.
The SAPRU Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. the justiciable rights, as we known are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy. DPSP is only applicable to State.
Article 36 – Definition of state
Article 36 provides that the meaning of State in this part of the Constitution is the same as Article 12 that in the Part III of Fundamental Rights.
Article 37 – Application of the principles contained in this part
DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacted laws. There are various definitions to DPSP
- They are an “instrument of instructions” which are enumerated in the Government of India Act, 1935
- They seek to establish economic and social demoracy in the country.
- DSPSs are ideals which are not legally enforceable by the court for their violation.
DPSP – classification
Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are usually classified into three types :-
- Socialist Principles
- Gandhian Principles
- Western Liberal Principles