Article 36 of Indian Constitution - Detailed Analysis
IMPORTANT LINKS
Part 4 of the Indian Constitution
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Overview |
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Name of the Article |
Article 36 - Definition |
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Part of the Constitutional Article |
Part IV |
Part IV of the Indian Constitution deals with the Directive Principles of State Policy (DPSP). They are structured to promote the idea of a “Welfare State”. The DPSP aims to create social and economic democracy within the country. The principles act as fundamental guidelines for the government in framing and implementation of laws and policies effectively.
Interpretation of Article 36 of Indian Constitution
Article 36 states - “In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.”
Article 36 provides the definition of ‘State’ for the purpose of DPSPs. This definition is the same as provided in Article 12 under Part III which deals with Fundamental Rights. It 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 Indian government
Directive Principles of State Policy (DPSP) are the guiding principles for the Central and State governments to work towards the maintenance of a fair and just society. It is important to note that DPSP are not enforceable by Courts unlike the Fundamental Rights. The main objective of DPSP is to promote welfare of the public and secure -
- Social justice
- Economic justice
- Political justice
The DPSP are further divided into -
- Socialistic Principles: Articles 38, 39, 39A, 41, 42, 43, 43A and 47
- Liberal-Intellectual Principles: Articles 44, 45, 48, 48A, 49, 50, and 51
- Gandhian Principles: Articles 40, 43, 43B, 46, 47, and 48
Conclusion
The Directive Principles of State Policy (DPSP) are fundamental guidelines aimed at establishing a welfare state by promoting social, economic and political justice. They guide governments in framing equitable laws and policies.
FAQs about Article 36 of Indian Constitution
What are the Directive Principles of State Policy (DPSP)?
DPSPs are guidelines mentioned in Part IV of the Indian Constitution aimed at establishing a welfare state by promoting social, economic and political justice.
What is the purpose of DPSP?
The purpose is to guide the Central and State governments in framing laws and policies to create a fair, just and equitable society.
Are DPSPs enforceable by the courts?
DPSPs are non-justiciable and they cannot be enforced by courts.