Article 37

Article 37 marks the beginning of the operative framework of Part IV of the Indian Constitution, which enshrines the Directive Principles of State Policy (DPSPs). It sets out the nature, scope, and constitutional significance of these principles, clarifying their relationship with the State’s legislative and executive functions. While it declares that the Directive Principles are not enforceable by any court of law, it simultaneously emphasises their fundamental importance in governance and policy-making.

Constitutional Background and Purpose

The framers of the Constitution, inspired by the ideals of social and economic justice, incorporated the Directive Principles to ensure that India evolves as a welfare state. Borrowed conceptually from the Irish Constitution (Article 45), these principles were meant to guide the State in creating conditions that would enable citizens to enjoy social and economic rights.
Article 37 thus establishes the constitutional foundation of the Directive Principles. It defines their character as non-justiciable yet fundamental in the governance of the country, thereby ensuring that they hold a binding moral and political authority on the State.

Text and Meaning of Article 37

Article 37 provides:“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.”
This provision has three essential components:

1. Non-justiciability: Courts cannot enforce the Directive Principles, and no legal remedy is available for their direct implementation.
2. Fundamental Character: Despite their non-enforceable nature, they are fundamental to governance and must guide State policy.
3. State’s Obligation: It is the constitutional duty of the State to apply these principles while framing and implementing laws.

Nature and Features of the Directive Principles

Article 37 defines the essential characteristics of the Directive Principles and their constitutional standing:

• Non-Enforceable in Courts: Individuals cannot compel the government through legal action to implement the Directive Principles. This distinguishes them from Fundamental Rights, which are justiciable.
• Fundamental in Governance: The article asserts that the Directive Principles are vital for establishing policies aimed at ensuring social and economic justice.
• Moral and Political Obligations: Although non-justiciable, the State is morally bound to strive towards their realisation.
• Guidelines for Legislation: They act as a directive for legislative and executive policy-making, influencing the socio-economic orientation of laws and government initiatives.

Significance and Objectives

Article 37 serves as the constitutional bridge between ideals and action. It ensures that the State continuously strives to translate the aspirational goals of the Constitution into tangible outcomes.

• Framework for Social and Economic Justice: The Directive Principles create a framework for building an egalitarian society where wealth, resources, and opportunities are distributed fairly.
• Promotion of Welfare: They guide the State to promote welfare through laws ensuring education, health, labour rights, and economic equity.
• Harmonisation with Fundamental Rights: They complement the Fundamental Rights by providing the socio-economic foundation upon which rights can be meaningfully realised.
• Constitutional Morality: By obliging the State to apply these principles, Article 37 reinforces the vision of a just social order based on equality, liberty, and fraternity.

Relationship with Other Articles in Part IV

Article 37 introduces and provides the foundation for the implementation of the subsequent provisions of Part IV, such as:

• Article 38: Directs the State to secure a social order promoting welfare and justice.
• Article 39: Enumerates specific principles of policy related to livelihood, health, and equitable distribution of resources.
• Article 40: Advocates the establishment of village panchayats as units of self-government.
• Article 41: Relates to the right to work, education, and public assistance.
• Article 42: Ensures just and humane conditions of work and maternity relief.
• Article 43: Promotes living wages and decent working conditions.
• Article 44: Calls for a uniform civil code for all citizens.

These provisions collectively articulate the constitutional vision of a welfare state, with Article 37 ensuring their continued relevance and guiding nature.

Judicial Interpretation and Landmark Judgments

Although the Directive Principles are not enforceable by courts, the Supreme Court of India has consistently recognised their significance in constitutional interpretation and governance.

• State of Madras v. Champakam Dorairajan (1951): The Supreme Court initially held that Directive Principles must yield to Fundamental Rights in case of conflict, as the latter are enforceable. This led to the First Amendment to the Constitution, which sought to harmonise the two sets of provisions.
• Keshavananda Bharati v. State of Kerala (1973): The Court established the Basic Structure Doctrine, recognising that both Fundamental Rights and Directive Principles form part of the Constitution’s basic framework.
• Minerva Mills v. Union of India (1980): The Court declared that Fundamental Rights and Directive Principles are complementary and that a balance between the two is essential for constitutional harmony. It observed that “the Indian Constitution is founded on the bedrock of the balance between Parts III and IV.”
• Pathumma v. State of Kerala (1978): Emphasised that Directive Principles should guide legislative policies even though they are not enforceable by courts.

Through these interpretations, the judiciary elevated the constitutional status of the Directive Principles, ensuring that they remain integral to legislative and policy formulation.

Legislative and Policy Influence

Article 37 has profoundly influenced post-independence legislation and government initiatives aimed at social and economic transformation. Many laws and programmes reflect the implementation of the Directive Principles, including:

• The Minimum Wages Act, 1948 and Equal Remuneration Act, 1976 – promoting equitable pay and humane working conditions.
• The National Food Security Act, 2013 – ensuring the right to food.
• The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005 – securing the right to work.
• Right to Education Act, 2009 – realising the directive for free and compulsory education under Article 45.
• Panchayati Raj Institutions (73rd Amendment, 1992) – fulfilling Article 40 by strengthening local self-governance.

Thus, even without judicial enforceability, the Directive Principles have become an essential legislative and policy compass for the State.

Criticism and Debates

While Article 37 is widely regarded as a cornerstone of constitutional morality, it has faced criticism for the non-justiciable nature of the Directive Principles.

• Lack of Enforceability: Critics argue that without judicial enforcement, these principles depend solely on political will, making them vulnerable to neglect.
• Conflict with Fundamental Rights: Historically, tensions have existed between enforceable Fundamental Rights and non-enforceable Directive Principles, although judicial interpretation has largely reconciled this issue.
• Ambiguity in Implementation: The broad and idealistic language of the principles sometimes makes practical application challenging.

Despite these criticisms, Article 37 remains vital as it provides the philosophical foundation for the State’s welfare obligations and socio-economic policies.

Significance in the Constitutional Framework

Article 37 symbolises the moral force of the Constitution. It transforms the Directive Principles into a constant reminder of the State’s responsibility to secure justice, liberty, and equality for all citizens. By making these principles fundamental to governance, the Constitution ensures that policy-making is always aligned with the broader objective of building a just and humane society.

Conclusion

Article 37 stands as a pivotal provision in the Indian Constitution, establishing the legal status and moral authority of the Directive Principles of State Policy. Although not enforceable by courts, these principles are binding on the conscience of the government and fundamental to governance. They serve as a guiding framework for legislative and executive actions aimed at achieving the constitutional vision of a welfare state based on social, economic, and political justice.