Article 36 of the Costitution of India with Case law
📜 Article 36 of the Constitution of India – Definition of ‘State’ for Part IV (Directive Principles)
🔹 Text of Article 36
“In this Part, unless the context otherwise requires, ‘the State’ has the same meaning as in Part III.”
🔍 Explanation
Article 36 is the first article of Part IV of the Indian Constitution, which deals with Directive Principles of State Policy (DPSPs).
It defines “the State” for the purpose of Directive Principles in the same manner as it is defined in Article 12 under Part III (Fundamental Rights).
⚖️ Definition of 'State' under Article 12 (Referenced by Article 36)
According to Article 12, the term ‘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 or under the control of the Government of India
➡️ This broad definition is carried over into Part IV by Article 36.
🏛️ Who is bound by the Directive Principles (under Article 36)?
The following are bound to implement DPSPs:
Central Government
State Governments
Local Authorities
Government-controlled institutions
Any other authority functioning under the control of the Government of India
⚖️ Important Case Law on Article 36 (in relation to DPSPs)
1. Ajay Hasia v. Khalid Mujib Sehravardi (1981 AIR 487)
Issue: Whether a government-aided institution is a "State".
Held: A body or institution substantially financed or controlled by the Government is considered a "State" under Article 12 → thus, also for Article 36.
2. Unni Krishnan v. State of Andhra Pradesh (1993 AIR 2178)
Held: Right to education, though a DPSP under Article 41, was interpreted to be part of the right to life under Article 21.
The State, as defined under Article 36, was directed to implement it progressively.
3. M.C. Mehta v. Union of India (1987 AIR 1086)
Although not directly on Article 36, the Court held that State authorities are responsible for enforcing environmental safety, connecting DPSPs to the duties of the "State" as defined.
4. State of Kerala v. N.M. Thomas (1976 AIR 490)
The Court said DPSPs must be read harmoniously with Fundamental Rights and the State, as defined in Article 36, must work to implement them.
📌 Summary
| Aspect | Explanation |
|---|---|
| Purpose of Article 36 | To define “State” for the application of Directive Principles |
| Same as Article 12 | Yes – includes Government, Parliament, State Legislatures, Local Authorities |
| Applies to | Central, State, and Local Governments, and other authorities |
| Impact | Binds these bodies to strive toward DPSPs |
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