Article 36 of the Constitution of India defines the expression “State” for the purposes of Part IV of the Constitution, which deals with the Directive Principles of State Policy.
- Meaning of Article 36
- Constitutional Basis
- Connection With Article 12
- Article 36 and Directive Principles of State Policy
- Why Article 36 Is Important
- Article 36 and Article 12
- Scope of the Term “State”
- Article 36 and Fundamental Rights
- Article 36 and Fundamental Duties
- Article 36 and Article 37
- Important Features of Article 36
- Article 36 at a Glance
- Article 12 and Article 36
- Common Confusions
- Quick Revision
- Conclusion
The provision adopts the meaning of “State” already given in Article 12, which defines the term for the purposes of Part III relating to Fundamental Rights.
Article 36 is therefore a short but important provision because it determines the scope of authorities to which the Directive Principles are addressed.
Meaning of Article 36
Article 36 provides that, unless the context otherwise requires, the expression “State” has the same meaning in Part IV as it has in Part III.
In simple terms, Article 36 does not create a separate definition of “State”.
Instead, it refers back to Article 12.
Therefore, while reading the Directive Principles of State Policy, the meaning of “State” should generally be understood by referring to Article 12.
Constitutional Basis
Article 36 is contained in Part IV of the Constitution, which deals with the Directive Principles of State Policy.
Part IV extends from Article 36 to Article 51.
The Directive Principles provide constitutional guidelines for governance and seek to promote social, economic and political justice and the welfare of the people.
Article 36 establishes who is covered by the expression “State” when these principles are considered.
Connection With Article 12
The most important feature of Article 36 is its connection with Article 12.
Article 12 provides the definition of “State” for the purposes of Part III.
It includes:
- The Government and Parliament of India
- The Government and Legislature of each State
- Local authorities
- Other authorities within the territory of India or under the control of the Government of India
Article 36 adopts this meaning for Part IV.
Therefore, the expression “State” does not have to be independently defined again for the Directive Principles.
Article 36 and Directive Principles of State Policy
The Directive Principles are contained in Part IV and lay down principles that are fundamental to governance.
They include principles relating to:
- Social and economic justice
- Equal pay
- Organisation of village panchayats
- Right to work and education
- Public assistance
- Humane conditions of work
- Promotion of weaker sections
- Public health
- Environmental protection
- Separation of the judiciary from the executive
- International peace and security
Article 36 establishes the meaning of “State” in this context.
Why Article 36 Is Important
Article 36 may appear to be a simple definitional provision, but it performs an important constitutional function.
The Directive Principles are primarily addressed to the State.
Without a clear understanding of who falls within that expression, it would be difficult to determine the constitutional scope of Part IV.
By adopting the meaning of “State” from Article 12, the Constitution maintains consistency between Parts III and IV.
Article 36 and Article 12
The relationship between the two provisions can be understood simply:
Article 12 → Defines “State” for Part III
Article 36 → Uses the same meaning of “State” for Part IV
Article 36 therefore acts as a bridge between the constitutional definition contained in Article 12 and the Directive Principles contained in Part IV.
Scope of the Term “State”
Since Article 36 adopts the meaning contained in Article 12, the term may cover more than the ordinary government departments.
Depending on the circumstances, entities falling within the constitutional definition of “State” under Article 12 may also be relevant when considering the application of the Directive Principles.
The precise scope of “State” can depend upon the constitutional context and judicial interpretation of Article 12.
Article 36 and Fundamental Rights
Article 36 is located immediately after the provisions dealing with Fundamental Rights.
This reflects the constitutional relationship between Fundamental Rights and Directive Principles.
Fundamental Rights primarily protect individual constitutional freedoms and impose constitutional limitations on State action.
Directive Principles provide broader constitutional goals for governance and social and economic development.
Article 36 ensures that the term “State” used in Part IV is understood consistently with its meaning in Part III.
Article 36 and Fundamental Duties
Article 36 specifically concerns Part IV, which contains the Directive Principles of State Policy.
It should not be confused with Part IVA, which contains the Fundamental Duties under Article 51A.
Article 36 therefore does not define “State” for Fundamental Duties as a separate constitutional category.
Article 36 and Article 37
Articles 36 and 37 should be read together when studying the beginning of Part IV.
Article 36 defines “State” for Part IV.
Article 37 explains the constitutional status of the Directive Principles.
Article 37 states that the provisions contained in Part IV are not enforceable by any court, but they are nevertheless fundamental in the governance of the country and it is the duty of the State to apply them in making laws.
Thus, Article 36 identifies the relevant constitutional meaning of “State”, while Article 37 explains the nature of the Directive Principles.
Important Features of Article 36
1. It Is a Definition Provision
Article 36 defines the expression “State” for the purposes of Part IV.
2. It Refers to Article 12
It adopts the meaning of “State” contained in Article 12.
3. It Applies to Part IV
Its purpose is specifically connected with the Directive Principles of State Policy.
4. It Does Not Create a New Definition
Article 36 does not independently list the entities included within “State”.
It incorporates the meaning already provided by Article 12.
5. It Connects Parts III and IV
The provision creates consistency between the terminology used for Fundamental Rights and Directive Principles.
Article 36 at a Glance
| Point | Position |
|---|---|
| Article | Article 36 |
| Part | Part IV – Directive Principles of State Policy |
| Subject | Definition of “State” |
| Main Reference | Article 12 |
| Meaning Adopted | Meaning of “State” used in Part III |
| Purpose | To determine the meaning of “State” for Part IV |
| Related Article | Article 37 |
| Nature | Definitional provision |
Article 12 and Article 36
| Basis | Article 12 | Article 36 |
|---|---|---|
| Part | Part III | Part IV |
| Subject | Definition of “State” | Definition of “State” |
| Purpose | Fundamental Rights | Directive Principles |
| Approach | Provides the definition | Adopts the definition in Article 12 |
| Importance | Determines the scope of State action under Part III | Determines the meaning of State under Part IV |
Common Confusions
Does Article 36 Define “State” Independently?
No.
Article 36 adopts the meaning of “State” contained in Article 12.
Does Article 36 Apply to Fundamental Rights?
No.
Article 36 specifically applies to Part IV, which contains the Directive Principles of State Policy.
Article 12 provides the definition of “State” for Part III.
Why Does Article 36 Refer to Article 12?
The Constitution uses the same basic meaning of “State” for Parts III and IV.
This avoids creating two separate definitions for closely connected constitutional provisions.
Is Article 36 Enforceable Like a Fundamental Right?
Article 36 itself is a definitional provision.
The question of enforceability of the Directive Principles is dealt with principally by Article 37, which provides that the Directive Principles are not enforceable by any court.
What Is the Main Point to Remember About Article 36?
The simplest way to remember Article 36 is:
Article 36 = “State” in Part IV has the same meaning as “State” in Part III.
Quick Revision
- Article 36 → Definition of “State” for Part IV.
- Part IV deals with the Directive Principles of State Policy.
- Article 36 adopts the meaning of “State” given in Article 12.
- Article 12 applies to Part III – Fundamental Rights.
- Article 36 does not create a separate definition of “State”.
- The provision connects the constitutional framework of Fundamental Rights and Directive Principles.
- Article 36 → Definition
- Article 37 → Nature and enforceability of Directive Principles
Conclusion
Article 36 is a short definitional provision that establishes the meaning of “State” for Part IV of the Constitution. Instead of creating a separate definition, it adopts the meaning given under Article 12 for Part III.
This ensures consistency in the use of the term throughout the constitutional framework and identifies the scope of the State to which the Directive Principles of State Policy are directed.
The key point to remember is:
Article 36 → The meaning of “State” in Part IV is the same as its meaning under Article 12 in Part III.
