Article 38 of the Indian Constitution is a foundational Directive Principle of State Policy (DPSP) found in Part IV. It encapsulates the core vision of India as a Welfare State, moving away from the colonial state’s focus on mere law and order. This article serves as a guiding principle for the legislature and executive, directing them to shape policies and laws towards achieving a just social order and promoting the well-being of the populace.
It essentially sets the socio-economic goals that the Indian state must strive for, laying down the path for building a society based on the principles of justice and equity. While not justiciable, the principles enshrined in Article 38 are considered fundamental in the governance of the country and the State has a duty to apply these principles in making laws.
Original Text
38. State to secure a social order for the promotion of welfare of the people.— (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
Detailed Explanation
Article 38 is a cornerstone of the Directive Principles, outlining the state’s duty to establish a social order conducive to the welfare of the people.
Clause (1): This is the original clause, present since the commencement of the Constitution. It mandates the State to actively work towards promoting the welfare of its people. The key phrase here is “securing and protecting a social order”. This implies creating an environment where the welfare of the people is paramount. This social order must be one where justice—social, economic, and political—informs all the institutions of national life. This is a direct echo of the Preamble’s objectives and emphasizes that justice should not be confined to the judiciary but permeate every facet of governance and public life, including executive actions, legislative enactments, and administrative decisions.
- Social Justice: Implies the absence of discrimination on grounds of caste, creed, colour, race, religion, or sex. It means equal treatment for all citizens without any social distinction.
- Economic Justice: Means the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income, and property, aiming for a more equitable distribution of resources.
- Political Justice: Refers to equal access to all political rights, equal voice in government, and equal opportunities to participate in political processes for all citizens, regardless of their social or economic status. This is largely ensured through principles like universal adult suffrage.
Clause (2): This clause was added by the 44th Amendment Act, 1978. Its inclusion specifically directs the State to focus on minimizing and eliminating inequalities. It mandates the State to strive to minimise the inequalities in income. Furthermore, it directs the state to endeavour to eliminate inequalities in status, facilities and opportunities. Importantly, this clause clarifies that these efforts should address inequalities not just among individuals but also amongst groups of people residing in different areas or engaged in different vocations. This addition underscores the commitment to reducing disparities across various segments of society, addressing both individual-level inequality and group-based or regional inequalities. The focus on income inequality, status, facilities, and opportunities provides concrete areas for state action.
Together, both clauses of Article 38 articulate the ideal of a democratic socialist state in India, where the government plays an active role in ensuring the welfare and socio-economic justice for all its citizens. It is a directive for continuous effort and progressive realization of these goals.
Detailed Notes
- Article 38 is located in Part IV of the Indian Constitution.
- It is a Directive Principle of State Policy (DPSP).
- DPSPs are non-justiciable, meaning they cannot be enforced by courts, but are fundamental in the governance of the country.
- Article 38 directs the State (legislative and executive organs) to promote the welfare of the people.
- The primary mechanism for promoting welfare is securing and protecting a social order.
- This social order must be informed by justice.
- The concept of justice mentioned is comprehensive: social, economic, and political.
- This justice must permeate “all the institutions of the national life”.
- Clause (1) sets the broad goal of a just social order for welfare promotion.
- Clause (2) was added by the 44th Amendment Act, 1978.
- Clause (2) directs the State to specifically focus on reducing inequalities.
- It directs the State to minimize inequalities in income.
- It directs the State to endeavour to eliminate inequalities in status.
- It directs the State to endeavour to eliminate inequalities in facilities.
- It directs the State to endeavour to eliminate inequalities in opportunities.
- These efforts against inequality must target disparities not only amongst individuals.
- These efforts must also target disparities amongst groups of people.
- Inequalities amongst groups based on different areas (regional disparities) must be addressed.
- Inequalities amongst groups based on different vocations (occupational disparities) must be addressed.
- Article 38 is a key article reflecting the concept of the “Welfare State” enshrined in the Indian Constitution.
- It is closely linked to the objectives of the Preamble, particularly regarding justice and equality.
- It provides the foundational principle for other socio-economic DPSPs like Article 39 (equal pay, distribution of wealth), Article 41 (right to work, education, public assistance), Article 42 (just and humane conditions of work), Article 43 (living wage), etc.
- The addition of clause (2) reinforced the state’s commitment to distributive justice and equitable development, explicitly addressing income and non-income based inequalities.
- The language “strive to” and “endeavour to” indicates a continuous and progressive effort required from the State.
Additional Comments
- Article 38 is considered the most comprehensive article regarding the State’s obligation to establish a welfare state.
- It provides the philosophical basis for state intervention in the economy and social structure to achieve equity.
- The inclusion of “social, economic and political” justice directly ties the DPSPs to the aspirations mentioned in the Preamble.
- The 44th Amendment’s addition of clause (2) highlights the growing recognition post-independence of the need to explicitly tackle economic and social inequalities that persisted despite initial development efforts.
- This article serves as a guiding light for numerous legislative measures and government schemes aimed at poverty reduction, income support, access to essential services (health, education), and regional development.
- While non-justiciable, courts have sometimes read DPSPs, including Article 38, in conjunction with Fundamental Rights to interpret the latter or to determine the constitutionality of laws aimed at implementing the Directive Principles.
Summary
Article 38 of the Indian Constitution mandates the State to secure a social order for promoting the welfare of the people. This order must be underpinned by social, economic, and political justice, which should inform all institutions of national life. An amendment in 1978 further directed the State to specifically strive to minimize inequalities in income and endeavour to eliminate inequalities in status, facilities, and opportunities among both individuals and groups across different regions and vocations. This article embodies the vision of a Welfare State, guiding government policies towards achieving a just and equitable society.