Article 37: Constitution of India 

Article 37: Constitution of India 

Previous

Click for Index

Next

Article 37: Application of the Principles Contained in this Part

⚖️ Bare Act Text

“The provisions contained in this Part shall not 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.”

📜 Footnotes

1. Article 37 declares that Directive Principles are non-justiciable (not enforceable by courts).
2. Despite this, they are fundamental in governance.
3. It imposes a moral and constitutional duty on the State to implement them.
4. Directive Principles guide policy-making and legislation.

🧾 Simple Explanation

Article 37 means:

• You cannot go to court to enforce Directive Principles
• But the government must follow them while making laws

So:

• They are not legally enforceable
• But they are extremely important for governance

📌 Key Features

• Directive Principles are non-enforceable
• Still considered fundamental for governance
• Create a duty on the State
• Guide law-making and policies
• Reflect goals of a welfare State

⚖️ Important Case Laws

1. State of Madras v. Champakam Dorairajan

• Held that Directive Principles cannot override Fundamental Rights

2. Kesavananda Bharati v. State of Kerala

• Emphasized harmony between Fundamental Rights and Directive Principles

3. Minerva Mills v. Union of India

• Established balance between Part III and Part IV as part of basic structure

🧠 Illustrations

• Citizen demanding free education directly in court → ❌ Not enforceable
• Government making law for social welfare → ✔️ Based on DPSPs
• Court using DPSPs to interpret laws → ✔️ Allowed
• Ignoring DPSPs in governance → ❌ Against constitutional spirit

📚 Practical Notes

• Key phrase: “Non-justiciable but fundamental”
• DPSPs influence judicial interpretation indirectly
• Important for understanding welfare state concept
• Must be read with Fundamental Rights (Part III)
• Frequently asked in UPSC, Judiciary exams

❓ FAQs

Q. Can Directive Principles be enforced in court?
❌ No

Q. Are they important if not enforceable?
✔️ Yes — fundamental for governance

Q. Can they override Fundamental Rights?
❌ No — but they can influence interpretation

Q. Why were they included?
To guide the State towards social and economic justice

💬 Comments / Legal Insight

Article 37 defines the true nature of Directive Principles—they are not laws to be enforced, but goals to be achieved.

The Supreme Court of India has ensured that:

• DPSPs are not ignored
• They are used to expand and interpret Fundamental Rights

It highlights the constitutional philosophy:
👉 Political democracy must be supported by social and economic democracy

Article 37: Constitution of India 

Previous

Click for Index

Next