Article 46 of Indian Constitution
🔹 Article 46 of the Indian Constitution
(Directive Principle of State Policy)
📌 1. Text of Article 46
Article 46 – Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
“The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.”
📌 2. Nature of Article 46
Directive Principle of State Policy (DPSP):
Article 46 is not enforceable in a court of law, but it lays down an obligation for the State to pursue social justice and equality.
Moral and Political Duty:
It guides the government in policymaking to ensure upliftment of backward and marginalized communities, especially Scheduled Castes (SCs) and Scheduled Tribes (STs).
📌 3. Objectives of Article 46
Promote educational development of SCs, STs, and other weaker sections.
Improve economic status of these communities through welfare schemes.
Prevent exploitation and discrimination against marginalized groups.
Ensure inclusive growth and social justice.
📌 4. Key Features
| Feature | Description |
|---|---|
| Focus Groups | Scheduled Castes, Scheduled Tribes, and other weaker sections |
| Areas Covered | Educational and economic interests |
| State’s Role | Positive obligation to promote welfare and prevent exploitation |
| Legal Status | Non-justiciable (cannot be enforced in court) but fundamental in governance |
📌 5. Legislative and Policy Measures under Article 46
Several laws and schemes have been introduced in the spirit of Article 46:
Reservation Policies: In education and public employment for SCs, STs, and OBCs.
Post-Matric Scholarships, Hostel facilities, and Fee waivers for students from these communities.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – to prevent discrimination and violence.
Special Component Plan (SCP) and Tribal Sub Plan (TSP) – budgetary allocations specifically targeted at SCs and STs.
📌 6. Relevant Case Laws
🔹 State of Kerala v. N.M. Thomas (1976)
The Supreme Court held that Article 46 empowers the State to make special provisions for the advancement of weaker sections, and these can be considered as part of reasonable classification under Article 14 (Right to Equality).
The Court observed that social justice is the soul of the Constitution, and Article 46 is an important tool for achieving it.
🔹 Indra Sawhney v. Union of India (1992)
In the landmark Mandal Commission case, the Supreme Court upheld the reservation for Other Backward Classes (OBCs) in jobs and education.
The Court referred to Article 46 to justify the State's obligation to uplift socially and educationally backward classes.
🔹 Ashoka Kumar Thakur v. Union of India (2008)
The Supreme Court upheld reservations in educational institutions for OBCs.
The majority opinion emphasized that Article 46 gives constitutional backing to the policy of affirmative action for educational and economic advancement.
📌 7. Constitutional Significance
Article 46 reflects the egalitarian vision of the Constitution.
It works hand-in-hand with Articles 15(4), 15(5), and 16(4) which allow for special provisions for backward classes.
It is crucial for achieving the goals of social and economic democracy as envisioned in the Preamble.
📌 8. Criticism and Challenges
Implementation gap: Despite many schemes, the actual benefits often do not reach the most marginalized due to corruption or inefficiency.
Political misuse: Reservation and welfare schemes are sometimes politicized, leading to social friction.
Exclusion of some groups: The definition of “weaker sections” can sometimes leave out equally disadvantaged but unrecognized groups.
📌 9. Summary
| Aspect | Description |
|---|---|
| Article | 46 |
| Part of Constitution | Part IV – Directive Principles of State Policy |
| Focus | Educational and economic upliftment of SCs, STs, and weaker sections |
| Nature | Non-justiciable, but fundamental to governance |
| Key Judgments | N.M. Thomas (1976), Indra Sawhney (1992), Ashoka Kumar Thakur (2008) |
| State's Duty | Promote development and prevent exploitation of marginalized communities |
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