सं Samvidhan

The Constitution of India

Article 46

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

Why this exists

Article 46 is part of the Directive Principles of State Policy, added by the Constitution's framers to address centuries of caste-based discrimination and economic deprivation faced by Dalits, Adivasis, and other marginalized communities. It reflects the founders' commitment, especially voiced by leaders like B.R. Ambedkar, to use state power affirmatively to correct historical injustice rather than simply declaring formal equality. Because it is a Directive Principle, it is not enforceable in court by itself, but it guides legislation and policy such as reservations, scholarships, and welfare schemes.

How courts read it

Courts have repeatedly relied on Article 46 as a source of constitutional legitimacy for affirmative action measures. In cases like State of Kerala v. N.M. Thomas and Indra Sawhney v. Union of India, judges referred to Article 46 alongside Articles 15(4) and 16(4) to justify reservations in education and public employment for SCs, STs, and other backward classes, treating it as evidence that the Constitution itself envisions substantive, not merely formal, equality. Courts have also cited it to uphold laws protecting SC/ST communities from exploitation and atrocities.

Common misconceptions
  • Myth: Article 46 gives Scheduled Castes and Scheduled Tribes a legally enforceable right to demand benefits directly from courts.
    Fact: As a Directive Principle of State Policy, Article 46 is not directly enforceable in court; it guides government policy and legislation rather than creating a standalone legal right (simplified).
  • Myth: Article 46 only benefits Scheduled Castes and Scheduled Tribes.
    Fact: The Article's primary language covers 'weaker sections' broadly, and specifically mentions Scheduled Castes and Scheduled Tribes only as particular examples within that wider group.