Article 36 - Indian Constitution [Explanation]

This article is a compilation of Article 36 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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Article 36

Chapters of Content

📜 Article 36

36. Definition.— In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.

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🔍 Explanation

The literal meaning of the Directive Principles of State Policy (DPSP) is the elements that guide the policy of the state.

When the constitution was framed, the people had no experience of ruling in a democratic state and making laws in the interest of the country. Especially for the states that were about to take over after a long colonial period.

As we know that it is not mandatory for politicians in our country to be educated . In such a situation, a guide becomes necessary so that the policy makers always know which way to go.

◾ It was not that DPSP was a new idea but it was already working in Ireland and we took it from there.

◾ The Directive Principles of State Policy (DPSP) are the guidelines for making laws and policies for the welfare and development of the citizens. These are included in Part IV of the Indian Constitution.

These principles are non-enforceable, meaning they are not enforceable by the courts, however, are considered fundamental in the governance of the country and must be taken into account by the government while formulating laws and policies.

Overall, policy-directive elements are those elements of democratic and constitutional development whose objective is to establish a public-welfare state.

Article 36 to Article 51 comes under Part 4 of the Constitution. In this article we are going to understand Article 36;

⚫ Article-34 – Indian Constitution

⚫ Article-35 – Indian Constitution

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| Article 36 – Definitions

The title of Article 36 is Definition, it is written that the meaning of State here is the same as in Article 12 in Part III .

Since its title itself is the Directive Principles of State Policy i.e. it also contains the word State , then in Article 36 it is said that the meaning of State here is the same as mentioned in Article 12 of the fundamental rights part.

Meaning that here understand it in such a way that Article 12 = Article 36 . Now if you do not know what the state means in Article 12, then read the given article – Article 12 [with explanation]

Keep in mind to understand here that the following things come under the state;

| According to Article 12, what is the State?

▪️ The executive and legislative organ of the Union i.e. the Parliament is the State.

▪️ The executive of the State Government and its legislative organ i.e. the State Legislature is the State.

▪️ Any department or part of the Government of India or the Government of a State is a State.

▪️ All local bodies like municipality , panchayat , district board etc. are states.

▪️ Every public authority which is created under an act and which exercises legal powers is a state. It may or may not be under the control of the Government or it may be engaged in an activity which is in the nature of trade and commerce.

For example, a Road Transport Corporation or a Life Insurance Corporation or a Nationalized Bank can be taken. These are all states.

▪️ Any instrument or tribunal of the government is also a state. Whether it is a private body or a society registered under the Societies Act. Such as Regional Rural Bank and Sainik School Society are all state.

So overall this is Article 36, I hope you have understood. To understand other article, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 34 ⚫ अनुच्छेद 35 ⚫ अनुच्छेद 28 ⚫ अनुच्छेद 29	⚫ Article 34 ⚫ Article 35 ⚫ Article 28 ⚫ Article 29

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⚫ Constitution
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India

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Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.