Article 46

Background and evolution

The framers recognised that formal equality would not by itself undo centuries of caste discrimination and tribal marginalisation. While Fundamental Rights such as Articles 15(4), 16(4) and 17 allow special provisions and abolish untouchability, the Directive Principles set out the positive duties of the State. Article 46 is the main directive that targets the most disadvantaged groups by name, combining the promotion of their interests with protection from exploitation.

Dr B. R. Ambedkar, the chairman of the Drafting Committee, saw such provisions as essential for social democracy, which he said must accompany political democracy for the Constitution to work. The provision reflects the Gandhian and socialist strands of the national movement as well as the demands of Dalit and Adivasi leaders.

Key features and provisions

• Text: the State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
• Weaker sections: a broad term, not limited to SCs and STs; courts have read it to include other disadvantaged groups.
• Two duties: a promotional duty (education and economic interests) and a protective duty (against social injustice and exploitation).
• Non-justiciable: under Article 37, it cannot be enforced in court, but it is fundamental in the governance of the country.
• Link to Fundamental Rights: courts read it with Articles 14, 15(4), 16(4) and 21 to uphold affirmative action and protective laws.