Sir B N Rau, the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories—justiciable and non-justiciable, which was accepted by the Drafting Committee. Consequently, the Fundamental Rights, which are justiciable in nature, are incorporated in Part III and the Directive Principles, which are non-justiciable in nature, are incorporated in Part IV of the Constitution.
Though the Directive Principles are non-justiciable, the Constitution (Article 37) makes it clear that ‘these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws’. Thus, they impose a moral obligation on the state authorities for their application, but the real force behind them is political, that is, public opinion. As observed by Alladi Krishna Swamy Ayyar, ‘no ministry responsible to the people can afford light-heartedly to ignore the provisions in Part IV of the Constitution’. Similarly, Dr B R Ambedkar said in the Constituent Assembly that ‘a government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy. If any government ignores them, it will certainly have to answer for that before the electorate at the election time.’
The framers of the Constitution made the Directive Principles nonjusticiable and legally non-enforceable because: