Enforceability of Directive Principles with Reference to Judicial Decisions of Nepal

11 Pages Posted: 22 Feb 2013

Date Written: February 21, 2013

Abstract

Constitution is the fundamental law of the nation. An important feature of the constitution is the Directive Principles of State Policy incorporated in the Constitution. Although the Directive Principles are asserted to be "fundamental in the governance of the country," they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution's preamble. Judiciary as being the protector and promoter of rights of the individual to perform the balancing act in an unbiased and fair manner has immense role to play in these days to interpret the directive principles as enforceable in order to establish welfare based society. The Directive Principles and state policies therefore offer the state an opportunity for use of the constitution as an instrument for change in definite social directions. The courts can even give directives to the state organs regarding what the state is required to achieve through legislative process. The author has tried to focus on the nature of directive principles and policies of the state and its enforceability by the Nepalese judiciary.

Suggested Citation

Thapa, Bikash, Enforceability of Directive Principles with Reference to Judicial Decisions of Nepal (February 21, 2013). Available at SSRN: https://ssrn.com/abstract=2221996 or http://dx.doi.org/10.2139/ssrn.2221996

Bikash Thapa (Contact Author)

Independent ( email )

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