ASKiIMAN™ ARCHIVE / INDIAN POLITY
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DPSP: Basic Features

The Compass of the Welfare State (Articles 36–51)

PART I — NATURE & ORIGIN

ORIGIN

Instrument of Instructions

  • Borrowed from Irish Constitution (Spanish origin)
  • Resembles 'Instrument of Instructions' of 1935 Act
  • Guidelines for the State to frame laws/policies
  • Ambedkar: "Novel features" of the Constitution
PHILOSOPHY

The Welfare State

  • Aims to establish Social & Economic Democracy
  • Replaces colonial 'Police State' with 'Welfare State'
  • Seeks justice: social, economic, and political
  • Emphasizes equitable distribution of resources

PART II — ENFORCEMENT & SANCTION

ARTICLE 37

Non-Justiciable Nature

  • Cannot be enforced by courts of law
  • State cannot be compelled to implement them
  • Courts cannot declare a law void *just* for violating DPSP
  • But courts use them to interpret constitutional validity
THE REAL DRIVER

Political Sanction

  • "Fundamental in the governance of the country"
  • Sanction behind them is political, not legal
  • Enforced by public opinion and elections
  • Govts ignoring DPSP will answer to voters
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