Article 36 comes under Part IV of the Constitution of India and talks about the Directive Principles of State Policy. The Directive Principle of State Policy promotes the idea of a “Welfare State" and establishes a social and economic democracy in the country. In this article, we are going to cover Article 36, its interpretation and its significance as well.
Article 36 of the Indian Constitution Interpretation
Article 36 states - “In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.”
Article 36 of the Constitution of India gives the definition of ‘State’ for the purpose of DPSPs. This definition includes:
- 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 Indian government
Directive Principles of State Policy
Directive Principles of State Policy act as the main principles for the Central and State Governments to work towards maintaining a fair and just society. It is important to note that DPSP are not enforceable by Courts unlike the Fundamental Rights. The main objective of DPSP is to promote welfare of the public and secure -
- Social justice
- Economic justice
- Political justice
The DPSP are further divided into -
- Socialistic Principles: Articles 38, 39, 39A, 41, 42, 43, 43A and 47
- Liberal-Intellectual Principles: Articles 44, 45, 48, 48A, 49, 50, and 51
- Gandhian Principles: Articles 40, 43, 43B, 46, 47, and 48
Article 36 of the Constitution of India FAQs
Q1: What is Article 36 of the Indian Constitution?
Ans: Article 36 defines the term "State" for the purpose of applying the Directive Principles of State Policy.
Q2: What is the meaning of Article 36?
Ans: It means that the word "State" in Part IV includes all authorities as defined in Article 12.
Q3: What is Article 36 and 37 of the Constitution?
Ans: Article 36 defines "State" for DPSPs, while Article 37 declares DPSPs as non-justiciable but fundamental to governance.
Q4: What are Directive Principles of State Policy?
Ans: They are guidelines in Part IV of the Constitution meant to guide the State in making laws and policies for social justice and welfare.
Q5: What is the importance of Directive Principles of State Policy?
Ans: They aim to establish a just, equitable, and welfare-oriented society by directing State action toward the common good.