Actual Article
Article 36: Definition
In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.
UPSC Notes for Article 36
- Definition of “State”: Article 36 provides the definition of “the State” for the purposes of Part IV of the Indian Constitution, which deals with the Directive Principles of State Policy (DPSPs).
- Reference to Part III: The term “the State” in Article 36 is defined as per Article 12 in Part III, which is concerned with Fundamental Rights.
- Entities Included: As per Article 12, “the State” includes:
- The Government and Parliament of India.
- The Government and Legislature of each State.
- All local or other authorities within the territory of India.
- All local or other authorities under the control of the Government of India.
UPSC Notes for Directive Principles of State Policy (Part IV)
- Purpose: The DPSPs are guidelines for the central and state governments of India, aiming to establish a just society.
- Non-Justiciable: Unlike Fundamental Rights, DPSPs are not enforceable by any court, but they are fundamental in the governance of the country, directing the State to apply these principles in making laws.
- Socio-Economic Justice: The primary objective is to promote welfare by securing a social order in which justice – social, economic, and political – informs all institutions of national life.
Important Aspects of DPSPs
- Economic Principles:
- Promotion of the welfare of the people (Article 38).
- Equal pay for equal work for both men and women (Article 39(d)).
- Protection of childhood and youth against exploitation (Article 39(e)).
- Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections (Article 46).
- Social Principles:
- Right to work, to education, and to public assistance in certain cases (Article 41).
- Provision for just and humane conditions of work and maternity relief (Article 42).
- Uniform civil code for the citizens (Article 44).
- Gandhian Principles:
- Organization of village panchayats (Article 40).
- Promotion of cottage industries (Article 43).
Important Cases Related to Article 36 and DPSPs
- State of Madras v. Champakam Dorairajan (1951): The Supreme Court ruled that DPSPs cannot override Fundamental Rights.
- Kesavananda Bharati v. State of Kerala (1973): The court held that although DPSPs are not justiciable, they should be duly implemented to establish a welfare state.
- Minerva Mills Ltd. v. Union of India (1980): The Supreme Court emphasized the balance between Fundamental Rights and DPSPs, ruling that a harmonious interpretation should be applied to achieve the objectives of the Constitution.
Additional Insights
- Instrument of Governance: DPSPs serve as an instrument of instruction to the government at all levels – central, state, and local – regarding how to act in certain areas for the betterment of society.
- Complementary Role: Although non-enforceable, DPSPs complement Fundamental Rights by aiming to create the social conditions under which the citizens can enjoy their rights more effectively.
- Amendments and DPSPs: Amendments like the 42nd Amendment Act of 1976 have expanded the scope of DPSPs, emphasizing the need for a uniform civil code and free legal aid.
Previous Year Prelims Questions Related to Article 36
- UPSC Prelims 2015: Which one of the following is included in the definition of “the State” under Article 12 of the Constitution?
- (a) Supreme Court
- (b) Union Public Service Commission
- (c) Parliament
- (d) National Human Rights Commission Answer: (c) Parliament
- UPSC Prelims 2018: Consider the following statements regarding the Directive Principles of State Policy:
- (1) They are not enforceable by any court.
- (2) They are fundamental in the governance of the country.
- (3) They aim at providing social and economic democracy. Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3 Answer: (d) 1, 2 and 3
Previous Year Mains Questions Related to Article 36
- UPSC Mains 2016: Discuss the relationship between Fundamental Rights and Directive Principles of State Policy. How does the Constitution seek to balance these two? (15 marks)
- UPSC Mains 2018: Analyze the role of Directive Principles of State Policy in shaping social and economic legislation in India. Provide examples to support your answer. (10 marks)
By thoroughly understanding Article 36 and its linkage to Part IV of the Constitution, including the definition of “the State,” the scope and significance of DPSPs, and their judicial interpretations, UPSC aspirants can gain a comprehensive insight into the framework designed to guide governance in India towards achieving a just and equitable society.