Professional Documents
Culture Documents
Enforceability of DPSPs
Enforceability of DPSPs
Many times the question arises that whether an individual can sue the state
government or the central government for not following the directive principles
enumerated in Part IV. The answer to this question is in negative.
The reason for the same lies in Article 37 which states that:
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.
a. to abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem
b. to cherish and follow the noble ideals which inspired our national
struggle for freedom;
c. to uphold and protect the sovereignty, unity, and integrity of India;
d. to defend the country and render national service when called upon
to do so;
e. to promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic, and regional
or sectional diversities; to renounce practices derogatory to the
dignity of women
f. to value and preserve the rich heritage of our composite culture;
g. to protect and improve the natural environment including forests,
lakes, rivers and wildlife, and to have compassion for living creatures;
h. to develop the scientific temper, humanism, and the spirit of inquiry
and reform;
i. to safeguard public property and to abjure violence;
j. to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavor
and achievement.
k. to provide opportunities for education by the parent the guardian, to
his child or a ward between the age of 6-14 years as the case may
be.
Article 105, Constitution of India 1950
(1) freedom of speech in parliament : Subject to the provisions of this Constitution
and to the rules and standing orders regulating the procedure of Parliament, there
shall be freedom of speech in Parliament.
(3) In other respects, the powers, privileges and immunities of each House of
Parliament, and of the members and the committees df each House, shall be such
as may from time to time be defined by Parliament by law, and, until so defined,
shall be those of the House of Commons of the Parliament of the United Kingdom,
and of its members and committees, at the commencement of this Constitution.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who
by virtue of this Constitution have the right to speak in, and otherwise to take part
in the proceedings of, a House of Parliament or any committee thereof as they
apply in relation to members of Parliament.