Article 36: In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.
Constitution of India - Part IV
Articles 36 and 37 of the Constitution of India: Directive Principles of State Policy
Articles 36 and 37 introduce Part IV of the Constitution of India, which contains the Directive Principles of State Policy. Article 36 defines the expression "the State" for this Part, while Article 37 explains the constitutional status and application of the Directive Principles.
In brief: Article 36 adopts the meaning of "the State" used in Part III. Article 37 provides that the Directive Principles are not enforceable by a court, but are fundamental in the governance of the country and must be applied by the State when making laws.
Article 36 - Definition of "the State"
Article 36 is a definition provision for Part IV. Instead of creating a separate definition, it adopts the meaning of "the State" used in Part III of the Constitution. Therefore, while reading the Directive Principles, the expression "the State" is understood by reference to the constitutional meaning applicable to Part III.
Article 37 - Application of the Directive Principles
Article 37: The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
Article 37 gives the Directive Principles their distinctive constitutional character. They are expressly made non-justiciable, meaning that a person cannot ordinarily demand their direct enforcement by a court merely because a Directive Principle has not been implemented. At the same time, the Constitution declares these principles to be fundamental in the governance of the country and places a duty on the State to apply them in law-making.
Relationship between Articles 36 and 37
Read together, Articles 36 and 37 establish the foundation for Part IV. Article 36 identifies the constitutional authorities covered by the expression "the State", while Article 37 states how the Directive Principles operate: they guide governance and legislation even though they are not independently enforceable by courts.
Why Articles 36 and 37 matter
These provisions help distinguish Directive Principles from the enforceable Fundamental Rights contained in Part III. Part IV sets constitutional objectives for governance, public policy and legislation. Article 37 makes clear that their lack of direct judicial enforceability does not make them optional or insignificant; the Constitution itself describes them as fundamental in governance.
Legal reference: For the authoritative constitutional text, consult the current official edition of the Constitution of India published by the Legislative Department, Ministry of Law and Justice.
Related provisions
The Directive Principles continue from Article 38 onward. For example, Articles 38 and 39 address promotion of welfare, social order and principles of policy to be followed by the State, while Article 39A deals with equal justice and free legal aid.