Constitutiion of india: Article 36: Definition

Apr 29, 2021 - 13:09

Article 36: Definition

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


 Article 28, Draft Constitution of India 1948 In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III of this Constitution. Draft Article 28 was discussed on 19 November 1948. It opened Part IV of the Draft Constitution titled ‘Directive Principles of State Policy’ and defined the meaning of ‘State’. The debate began with an Assemblymember moving an amendment to replace ‘Directive’ with ‘Fundamental’ in Part IV's heading. The member pointed out that in the earlier committee stages, Part IV was titled ‘Fundamental Principles of Governance’, and wanted to know why the heading was changed.

It was clarified to the member Legislatures,  the term ‘Directive’ was used to emphasize that principles contained in Part IV were directives; ‘fundamental’ was consciously dropped to make Part IV distinct from Part III – fundamental rights. Another amendment proposed to replace ‘the state’ with ‘state’. This was opposed by a Drafting Committee member who argued that there were different senses in which the term ‘state’ was used in the Draft Constitution. The term ‘the state’ as used in Part III was the most appropriate for Part IV as well: panchayats, district, and local boards (See Article 12), which came under ‘the state’ in fundamental rights were the relevant institutions for the implementation of Directive Principles.

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