Article 37 of the Indian Constitution: The Directive Principles of State Policy and their Relevance in the Modern Era

Introduction

Article 37 of the Indian Constitution establishes that the Directive Principles of State Policy (DPSP) are not enforceable by any court, yet they serve as guiding principles for the state while making laws and policies. The DPSPs lay down social, economic, and political objectives for the government, aiming to promote a just and equitable society. In the current modern era, marked by evolving socio-economic challenges, it is important to discuss the scope, implications, and relevant case laws associated with Article 37.

Understanding Article 37

Article 37 clarifies that the provisions contained in the DPSPs are not legally enforceable. It states that these principles shall not be justiciable and cannot be enforced by any court. However, it mandates that the government should strive to apply these principles in making laws and policies, aiming to achieve the goals set forth in the DPSPs.

Relevant Case Laws Shaping the Interpretation of Article 37

1. State of Kerala v. N.M. Thomas (1976):

In this case, the Supreme Court held that although the DPSPs are not enforceable by the courts, they are still fundamental in the interpretation of the Constitution and in understanding the objectives and ideals that the state should strive to achieve. The court recognized the significance of DPSPs in shaping public policy and guiding legislative action.

2. Bandhua Mukti Morcha v. Union of India (1984):

The Bandhua Mukti Morcha case emphasized the importance of the DPSPs in protecting the rights and welfare of workers. The Supreme Court recognized that even though the DPSPs are not enforceable, they provide essential guidance to the state for framing labor laws and policies, ensuring social justice and preventing exploitation.

3. M.C. Mehta v. Union of India (1986):

In this case, the Supreme Court acknowledged the interplay between fundamental rights and DPSPs. The court held that while the DPSPs are not directly enforceable, they can provide the basis for the interpretation and expansion of fundamental rights. The court highlighted the need to harmonize and balance both the DPSPs and fundamental rights for the overall welfare of society.

Relevance of Article 37 in the Modern Era

1. Social and Economic Development:

In the current modern era, marked by persistent socio-economic challenges, the DPSPs assume significant relevance. They provide a blueprint for the government to address issues such as poverty, inequality, education, healthcare, and social justice. Although not legally enforceable, the DPSPs guide policymakers in formulating laws and policies that promote inclusive growth and equitable development.

2. Balancing Fundamental Rights and State Action:

Article 37 recognizes the need for a delicate balance between fundamental rights and state action. While fundamental rights are justiciable and enforceable, the DPSPs provide a broader vision and framework for the state to fulfill its socio-economic obligations. The interplay between the two ensures that individual liberties are protected while fostering an environment of social welfare and progress.

3. Adapting to Changing Social Realities:

The DPSPs are flexible and adaptable to changing social realities. They allow the government to respond to emerging challenges and address the evolving needs of the society. In the modern era, where new issues such as environmental sustainability, digital rights, and privacy concerns arise, the DPSPs can guide the government in formulating policies that align with the changing dynamics of society.

Conclusion

Article 37 of the Indian Constitution recognizes the non-justiciability of the Directive Principles of State Policy. While they are not legally enforceable, the DPSPs serve as guiding principles for the government to promote social, economic, and political objectives. The case laws discussed above have underscored the significance of the DPSPs in shaping public policy, safeguarding rights, and promoting social justice. In the current modern era, the DPSPs remain relevant in addressing the diverse challenges of society and charting a path towards a just and inclusive nation.