Why were the Directive Principles of State Policy (DPSP) made non-justiciable despite being fundamental to the governance of the country?
Main Body
Article 36-51 in Part IV of the Constitution incorporates the DPSP as mentioned in GoI Act, 1935 as Instrument of Instructions to build a welfare state. DPSP fundamental to governance: A It aims to establish welfare state that upholds social, political & economic democracy (Article 39b, 39c, Article 41) B It upholds the core principles of Indian Constitution -> Article 50 -> Separation of power C Also, it aims to establish secular state (Article 44) -> UCC. Despite being fundamental, DPSPs were made non-justiciable as: (1) During post-independence, India es
nation state lacked economic resources and human resources for their implementation. (2) The prime objective after independence was integration of India by having agreements with more than 500 princely states. By making them DPSPs justiciable would have to made the concept of prig pure in conflict with Article 39c + exploitation of wealth. (3) India adopted a mixed economy and so DPSPs which are highly socialist in nature were made non-justiciable. (4) Consensus building for making them justiciable was very difficult. (5) India also lacked the human capacity to tackle litigations. (6) Accommodation of cultural diversity would have been in conflict with Article 44 -> UCC. DPSPs are the pole star which guide the legislature to work for the establishment of welfare and DPSPs are the pole star which guide the legislature to work for the establishment of welfare
NANCY SINGH
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Directives Principles of State Policy
Non-justiciability of DPSP
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