Article 46 is a provision of the Indian Constitution, specifically one of the Directive Principles of State Policy (DPSP) found in Part IV. It is a guideline for the State, meaning it is non-justiciable and cannot be directly enforced by courts, but is considered fundamental in the governance of the country.
The article originated from the need to address India's historical context of social stratification, caste-based discrimination, and economic disparity. The framers, including Dr. B. R. Ambedkar, recognized that formal equality under Articles 14, 15, and 16 was insufficient without targeted support for marginalized groups. The provision was adopted by the Constituent Assembly on November 23, 1948, as Draft Article 37, and became Article 46 when the Constitution was enacted in 1950.
Article 46 mandates that 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 (SCs) and the Scheduled Tribes (STs). Furthermore, it obligates the State to protect them from social injustice and all forms of exploitation. This directive serves as the constitutional basis for affirmative action and welfare-oriented policies in India.
It connects directly to Article 15(4) and Article 16(4), which enable the State to make special provisions for the advancement and reservation for any socially and educationally backward classes of citizens or SCs/STs. Key legislation like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the establishment of the National Commission for Scheduled Castes and National Commission for Scheduled Tribes are legislative measures enacted to give effect to Article 46. The Supreme Court, in Indra Sawhney v. Union of India (1992), upheld the validity of reservations for Other Backward Classes (OBCs), recognizing the necessity of affirmative action to fulfill the spirit of Article 46. Article 46 itself has not been amended since its enactment, but its objectives have been reinforced through subsequent amendments to Fundamental Rights and various laws.