The directive principles of state policies are embodied in part 4 of the Indian constitution.

in article 37 it is stated

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.

but can a government pass a law contrary to those ?

1 Answer 1


Yes, it can. This analysis is IMO very informative of the role of Part IV in Indian law, especially considering a comparison to the related concept of constitutional (fundamental) rights. Fundamental rights are justiceable, directive policies are not. Contraventions of rights can be rescinded by courts, but the courts cannot declare any law to be void because it violates these directives. The directives neither give nor take away legislative power: they are suggestions.

  • depsite not being voided can laws be interpreted by courts to be consistent with those directive principles ? essentially de facto modifying them ? since it does state that it's the duty of the state to apply those principles in lawmaking (even if not an enforcable one) would this count as enforcement ?
    – user49663
    Apr 17, 2023 at 1:46

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