Article 46

Article 46 of the Indian Constitution is one of the most important provisions under the Directive Principles of State Policy (DPSPs), reflecting India’s commitment to achieving social and economic justice. It directs the State to promote the educational and economic interests of the Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections of society, while also protecting them from social injustice and exploitation. This article embodies the constitutional goal of creating an egalitarian society by uplifting historically disadvantaged communities through affirmative action and welfare-oriented policies.

Background and Constitutional Philosophy

The inclusion of Article 46 in the Constitution was rooted in India’s historical context of social stratification, caste-based discrimination, and economic disparity. The framers of the Constitution, particularly Dr. B. R. Ambedkar, recognised that without targeted support, the weaker sections—especially SCs and STs—would remain marginalised despite the formal guarantee of equality under Articles 14, 15, and 16.
Hence, Article 46 was incorporated to ensure substantive equality—not merely equality in law, but equality in opportunity, access, and outcomes. It reflects the principles of protective discrimination and affirmative action, ensuring that development policies prioritise those who have historically suffered deprivation and social exclusion.

Text of Article 46

Article 46 states:“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.”
This directive imposes two primary obligations on the State:

1. Promotion of educational and economic interests of SCs, STs, and weaker sections.
2. Protection from social injustice and exploitation, whether economic, social, or political.

Together, these objectives form the constitutional foundation for reservation policies, welfare schemes, and social justice measures implemented by the government.

Constitutional Context and Related Provisions

Article 46 is closely interlinked with several other constitutional provisions that collectively safeguard the rights and interests of weaker sections:

• Article 15(4) and 15(5): Empower the State to make special provisions for the advancement of socially and educationally backward classes, SCs, and STs.
• Article 16(4) and 16(4A): Provide for reservation in public employment and promotions for SCs and STs.
• Article 17: Abolishes untouchability and its practice in any form.
• Article 338 and 338A: Establish the National Commissions for Scheduled Castes and Scheduled Tribes to monitor the implementation of safeguards.
• Article 46, in combination with Article 39(b) and 39(c), forms part of the broader constitutional vision of equitable distribution of resources and social justice.

Judicial Interpretation and Landmark Judgments

The judiciary has played a vital role in interpreting Article 46 and reinforcing its significance in promoting social justice and affirmative action.

• State of Madras v. Champakam Dorairajan (1951): The Supreme Court initially held that Directive Principles cannot override Fundamental Rights. However, this led to the First Constitutional Amendment (1951), which inserted Article 15(4) to harmonise the two and enable reservations for backward classes.
• Indra Sawhney v. Union of India (1992): The Supreme Court upheld the validity of reservations for Other Backward Classes (OBCs) in employment, recognising the necessity of affirmative action to fulfil the spirit of Article 46. The Court also capped total reservations at 50% while excluding the ‘creamy layer’ among backward classes.
• M. Nagaraj v. Union of India (2006): The Court upheld the constitutional validity of reservations in promotions for SCs and STs, emphasising that such provisions are justified by the objectives of Article 46.
• Ashoka Kumar Thakur v. Union of India (2008): The Court reiterated that affirmative action under Articles 15(4) and 46 aims to achieve equality in results and not just formal equality.
• I. R. Coelho v. State of Tamil Nadu (2007): The Court observed that social justice provisions like Article 46 form part of the basic structure of the Constitution and cannot be diluted.

These judgments collectively affirm that Article 46 provides the constitutional justification for policies of reservation, protective discrimination, and social welfare aimed at uplifting disadvantaged communities.

Legislative Measures and Policy Framework

To give effect to Article 46, the State has enacted a series of laws and policies targeting the educational, economic, and social empowerment of SCs, STs, and other weaker sections.
Major Legislative Measures:

• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Provides stringent measures to prevent atrocities and discrimination against SCs and STs.
• The National Commission for Scheduled Castes Act, 2004 and The National Commission for Scheduled Tribes Act, 2004: Establish independent bodies to oversee implementation of safeguards.
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: Recognises the land and forest rights of tribal communities.
• The Right to Education Act, 2009: Ensures access to free and compulsory education for children, benefiting disadvantaged groups.

Educational and Economic Schemes:

• Pre-Matric and Post-Matric Scholarships for SC/ST students.
• National Fellowship and Scholarship Scheme for Higher Education of ST Students.
• Stand-Up India Scheme (2016) and National Scheduled Caste Finance and Development Corporation (NSFDC): Promote entrepreneurship and financial inclusion.
• Eklavya Model Residential Schools: Provide quality education to tribal students in remote areas.
• Pradhan Mantri Adarsh Gram Yojana (PMAGY): Develops model villages with SC-majority populations.

These initiatives reflect the State’s ongoing efforts to address educational disparities, improve livelihoods, and protect vulnerable communities from exploitation.

Challenges in Implementation

Despite significant progress, several challenges hinder the full realisation of the objectives of Article 46:

• Persisting Social Discrimination: Untouchability, caste-based exclusion, and social stigma continue to affect SCs and STs in various parts of India.
• Educational Inequality: Dropout rates among SC/ST students remain high due to poverty, lack of infrastructure, and poor quality of education.
• Economic Disparities: Many members of weaker sections still face barriers to accessing credit, employment, and market opportunities.
• Administrative Inefficiency: Delays, corruption, and lack of accountability reduce the effectiveness of welfare schemes.
• Political and Policy Gaps: Reservation benefits often fail to reach the most marginalised due to inadequate identification and targeting mechanisms.

Addressing these issues requires stronger institutional mechanisms, community awareness, and effective implementation of policies.

Significance of Article 46

Article 46 holds immense constitutional and social significance:

• Foundation of Affirmative Action: It serves as the constitutional basis for reservations and other protective measures in education and employment.
• Promotion of Social Justice: It ensures that historically oppressed communities are given opportunities to rise socially and economically.
• Economic Empowerment: Encourages the State to create livelihood and skill development opportunities for marginalised groups.
• Educational Advancement: Recognises education as the primary instrument for empowerment and social mobility.
• Constitutional Morality: Upholds the values of equality, dignity, and fraternity by addressing systemic inequities.

Through its emphasis on education and economic empowerment, Article 46 transforms the abstract ideal of equality into a tangible instrument of social change.

Relationship with Fundamental Rights

Article 46 complements the Fundamental Rights by translating the principle of equality into actionable policies. While Fundamental Rights guarantee individual freedoms, the Directive Principles, including Article 46, ensure that social and economic conditions enable the meaningful exercise of those rights.
The harmony between Articles 15, 16, and 46 represents the Indian model of social democracy, where the State actively intervenes to balance historical inequalities and promote inclusive growth.

Conclusion

Article 46 of the Indian Constitution embodies the spirit of social justice and human equality, forming the foundation of India’s welfare and affirmative action policies. By directing the State to promote education, economic upliftment, and protection for weaker sections—especially SCs and STs—it bridges the gap between constitutional ideals and social realities.