Article 36 of the Indian Constitution
Definition of “State” — Gateway to DPSP
📖 Constitutional Text
“In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.”
The definition of “State” under Article 36 directly refers to Article 12 of the Constitution (Fundamental Rights). Therefore, for the purpose of Directive Principles, State includes:
- The Government and Parliament of India
- The Government and Legislature of each State
- All local authorities (municipalities, panchayats, etc.)
- Other authorities within territory of India or under control of Government of India
By linking DPSP with the expansive definition of Article 12, the framers ensured that Directive Principles guide every instrumentality of the State – from central ministries to village panchayats – in policy making, legislation and administration.
⚖️ Why Article 36 Matters
Article 36 acts as a bridge between Fundamental Rights (Part III) and Directive Principles (Part IV). While Fundamental Rights are justiciable (enforceable by courts), Directive Principles are non-justiciable but fundamental in governance. Article 36 clarifies that the same wide definition of “State” that can violate Fundamental Rights must also adhere to Directive Principles as a moral and constitutional obligation.
🏛️ Judicial Expansions & Landmark Judgments
Even though Article 36 borrows from Article 12, judicial interpretation has evolved to give dynamic meaning to “State” in the context of Directive Principles. Below are key judgments shaping Article 36's application:
| Case | Key Contribution |
|---|---|
| Rajasthan SEB v. Mohan Lal (1967) | Supreme Court held that “other authorities” under Article 12 (and thus Art. 36) includes statutory bodies, public corporations, and entities having power to make rules/bye-laws. |
| Ajay Hasia v. Khalid Mujib (1981) | Laid down the “agency or instrumentality” test – any entity functionally controlled by government falls under “State”. |
| Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) | Refined the test: deep and pervasive control by government makes a body “State”. |
| Zee Telefilms v. Union of India (2005) | Held that not every body under government control is "State" unless it performs public functions with state authority. |
📌 DPSP & Article 36: Socio-Economic Transformation
Since Article 36 defines “State” for the entire Part IV, important principles such as Article 39 (adequate livelihood), Article 41 (right to work), Article 45 (early childhood care), and Article 48A (environment protection) become binding obligations on all state instrumentalities. The interplay has given rise to progressive legislations like MGNREGA, RTE Act, and Food Security Act, where courts have often used DPSP to strengthen fundamental rights.
✨ Contemporary Relevance: In recent years, Article 36’s expansive definition has been cited to hold public authorities accountable for implementing welfare schemes, ensuring that local bodies and state-owned corporations align their actions with constitutional goals of social justice.
❓ Frequently Asked Questions
1. Is Article 36 same as Article 12?
Article 36 incorporates the definition of “State” under Article 12 but specifically for Part IV (Directive Principles). The text and scope are identical, but the purpose differs: Part III provides enforceable rights, Part IV sets non-justiciable governance ideals.
2. Can a private entity be considered “State” under Article 36?
Generally, private bodies are not “State” unless they perform public functions and are substantially financed or controlled by the government. The instrumentality test under Article 12 applies equally to Article 36.
3. Why does Article 36 matter for citizens?
Because it expands the horizon of state responsibility—citizens can demand that all public authorities frame laws, policies, and schemes in accordance with DPSP, leading to improved healthcare, education, rural development, and social welfare.
4. Are Directive Principles enforceable because of Article 36?
Directive Principles remain non-justiciable (Article 37), but Article 36 clarifies the authorities bound by them. Courts often harmonize DPSP with Fundamental Rights to give them indirect enforceability.
📊 Quick Insights: Article 36 at a Glance
🔍 SEO Fact: Article 36 forms the constitutional bedrock for India's welfare state, connecting governance machinery to social justice directives. It's a crucial topic for UPSC, judicial services, and law students.
📚 Resource & Citation
For further reading, refer to the official Constitution of India (Bare Act), commentaries by H.M. Seervai, D.D. Basu, and landmark SC judgments. This page is intended for educational and reference purposes.