Article 36 of Indian Constitution

The Constitution of India is a remarkable document that balances the protection of individual freedoms with the promotion of social welfare. To achieve this, it divides key provisions into different parts. Part III deals with Fundamental Rights — justiciable rights that individuals can enforce in courts. Part IV contains the Directive Principles of State Policy (DPSPs) — fundamental guidelines to the government for creating a welfare society, though these are not enforceable in courts.

A critical provision that links these parts is Article 36. It defines the term “State” for Part IV by adopting the same definition used in Part III under Article 12. This definition determines which government bodies and authorities are responsible for adhering to the Directive Principles. Understanding Article 36, its interpretation, and judicial developments is essential for grasping how the Indian state functions within its constitutional framework.

The Text and Scope of Article 36

Article 36 states simply:

“In this Part, unless the context otherwise requires, ‘the State’ has the same meaning as in Part III.”

This short provision imports the wide definition of “State” from Article 12, which applies to Fundamental Rights in Part III. The “State” thus includes not only the Union and State governments but also local authorities and other instrumentalities of the government.

But why is this definition so important?

Why Define “State”?

For the enforcement of Fundamental Rights under Part III, it is necessary to identify which entities are “State” actors, as only their actions can be challenged for violating these rights.

Similarly, the Directive Principles of State Policy in Part IV, though not enforceable in courts, impose a moral and political obligation on the State to create conditions for social justice, economic welfare, and political equity.

Article 36 ensures that the same entities are bound by both Fundamental Rights and Directive Principles, providing uniformity and clarity in constitutional obligations.

The Definition of “State” under Article 12 (Adopted in Article 36)

Article 12 defines “State” as:

• The Government and Parliament of India,
• The Government and Legislature of each State,
• All local or other authorities within the territory of India or under the control of the Government of India.

The word “includes” used in Article 12 shows that this is not an exhaustive list. It embraces every authority that performs public functions or exercises control on behalf of the government.

Significance of Article 36

Article 36 plays a crucial role in Indian constitutional law:

• It aligns the obligations of the State under Fundamental Rights and Directive Principles, ensuring no contradictions in responsibilities.
• It facilitates judicial review of State actions by broadening the definition of State actors.
• It encourages the government and its instrumentalities to adhere to constitutional goals, including social justice, economic welfare, and political equality.
  

Conclusion

Article 36, by adopting the definition of “State” from Article 12, establishes a comprehensive and inclusive scope of entities responsible for upholding constitutional values. Over decades of judicial interpretation, this definition has widened to cover statutory bodies, private institutions performing public functions, and the judiciary’s non-judicial roles.

This dynamic interpretation reflects the framers’ intent that the Indian State, in all its manifestations, should be both a guarantor of fundamental freedoms and a promoter of social welfare as envisaged in the Directive Principles.