The Constitution of India
Article 36
Definition
In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.
Why this exists
The Constitution's framers wanted to avoid repeating a long definition every time the word 'State' appeared. Since Article 12 already defines 'the State' broadly for Fundamental Rights (Part III), Article 36 simply extends that same definition to the Directive Principles of State Policy (Part IV). This ensures consistency: the same bodies that must respect Fundamental Rights are also the ones directed to work towards the welfare goals listed in Part IV.
How courts read it
Courts have generally read Article 36 as a technical cross-reference rather than an independent source of rights. Judicial discussion of 'the State' mostly happens under Article 12 itself — for example, in cases deciding whether statutory corporations, universities, or other bodies count as 'State' for constitutional purposes. Because Article 36 simply imports that definition into Part IV, its practical effect is felt whenever courts interpret which government or public bodies are bound by the Directive Principles.
Common misconceptions
- Myth: Article 36 creates a new or different meaning of 'the State' for Directive Principles.
Fact: It does not create a new meaning; it simply borrows the definition already given in Article 12 under Part III.