Article 36: Constitution of India 

Article 36: Constitution of India 

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Part IV – Directive Principles of State Policy.

Article 36: Definition

⚖️ Bare Act Text

“In this Part, unless the context otherwise requires, ‘the State’ has the same meaning as in Part III.”

📜 Footnotes

1. Article 36 defines the term “State” for Part IV (Directive Principles).
2. It adopts the same meaning as given under Article 12.
3. Therefore, “State” includes:
   • Government and Parliament of India
   • Government and Legislature of States
   • Local authorities
   • Other authorities under control of Government

🧾 Simple Explanation

Article 36 simply means:

• The word “State” in Directive Principles has the same meaning as in Fundamental Rights

So:

• All bodies covered under Article 12 are also bound by Directive Principles

📌 Key Features

• Provides definition for Part IV
• Ensures consistency across Constitution
• Links Fundamental Rights and Directive Principles
• Covers both Central and State authorities

⚖️ Important Case Laws

1. Rajasthan State Electricity Board v. Mohan Lal

• Expanded meaning of “State” under Article 12

2. Ajay Hasia v. Khalid Mujib

• Laid down tests to determine “other authorities”

🧠 Illustrations

• Government department implementing welfare policy → ✔️ Covered
• Municipality providing public services → ✔️ Covered
• Private company without State control → ❌ Not covered
• Government-controlled corporation → ✔️ Covered

📚 Practical Notes

• Article 36 is a definitional provision
• Must always be read with Article 12
• Important for determining scope of State obligations
• Frequently asked in constitutional interpretation questions

❓ FAQs

Q. Does Article 36 define “State” separately?
❌ No — it adopts Article 12 definition

Q. Why is this important?
To ensure consistency in applying Directive Principles

Q. Does it include private bodies?
✔️ Only if they are under State control

💬 Comments / Legal Insight

Article 36 acts as a bridge between Part III and Part IV.
By adopting the same definition of “State”, it ensures that:

• Bodies responsible for Fundamental Rights are also responsible for Directive Principles

This strengthens the idea that:
👉 The same State must both respect rights and promote welfare

Article 36: Constitution of India 

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