Article 36 of Indian Constitution
Article 36 of the Indian Constitution: Text and Meaning
Text of Article 36
Definition.— In this Part, unless the context otherwise requires, "State" includes the Government and Parliament of India and the Government and Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
Explanation and Context
1. Purpose of Article 36
Article 36 is a definition clause that appears at the beginning of Part III of the Constitution, which contains the Fundamental Rights.
It defines the term “State” for the purpose of Part III (Fundamental Rights), making it clear who is bound by these rights.
The definition is crucial because Fundamental Rights are generally enforceable against the State, and this article clarifies who constitutes the State.
2. Who is Included in “State” under Article 36?
The term "State" is broadly defined to include:
The Government of India (Central Government).
The Parliament of India.
The Government of each State.
The Legislature of each State.
All local authorities and other authorities within the territory of India or under the control of the Government of India.
This means that Fundamental Rights apply not only to the central and state governments but also to all subordinate authorities, including municipal corporations, panchayats, and other government-controlled bodies.
3. Why is this Definition Important?
Fundamental Rights can be violated only by the State or State action.
Private individuals or organizations are generally not bound by Fundamental Rights unless their actions amount to “State action” or are otherwise covered by specific laws.
Article 36 ensures that the term “State” is interpreted widely so that any body exercising public functions or governmental authority falls within its scope.
Relevant Case Law on Article 36 and Definition of “State”
1. Rajasthan State Electricity Board v. Mohan Lal (1967)
Issue: Whether a statutory corporation (Rajasthan State Electricity Board) is a “State” under Article 12 (which depends on Article 36 for definition).
Held: The Supreme Court held that a statutory corporation owned and controlled by the government is part of the “State” as defined in Article 36.
Significance: Expanded the scope of “State” to include government-owned corporations and instrumentalities.
2. Sukhdev Singh v. Bhagat Ram (1975)
The Court elaborated on the scope of “State” to include all instrumentalities and agencies of the government.
It held that any organization that performs public functions and is under government control can be treated as “State” for enforcing Fundamental Rights.
3. Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002)
This case refined the test to determine whether a private entity is considered “State” under Article 36.
The Court held that mere receipt of government funds or having some government representatives does not automatically convert a private body into “State”.
It emphasized the “functional test” — if the private body performs functions of a public nature or exercises powers akin to the government, it may be treated as “State”.
4. Ajay Hasia v. Khalid Mujib Sehravardi (1981)
The Court provided guidelines to decide whether an organization is “State” based on:
The extent of government control.
Whether the organization performs public functions.
The source of funding.
This case is a landmark in clarifying the ambit of Article 36 and Article 12 (which uses the definition of State in Article 36).
Summary of Article 36 and Its Implications
| Aspect | Explanation |
|---|---|
| Purpose | Defines “State” for Part III (Fundamental Rights) |
| Who is “State”? | Central and State governments, Legislatures, and all authorities controlled by government |
| Scope | Includes statutory corporations, local authorities, government agencies |
| Importance | Determines who is bound by Fundamental Rights |
| Private Entities | Not included unless performing public functions under government control (functional test) |
Why is Article 36 Crucial?
It sets the boundaries for Fundamental Rights enforcement.
Ensures accountability of government and its agencies.
Helps courts decide whether an entity’s action can be challenged as violating Fundamental Rights.
Supports India’s constitutional framework of governance and rights protection.
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