Article 39 is a pivotal provision within Part IV of the Indian Constitution, which deals with the Directive Principles of State Policy (DPSP). It lays down fundamental guidelines for the State to adopt in its policies and laws, aiming to secure social and economic justice for all citizens. While non-justiciable, these principles are nevertheless fundamental in the governance of the country and are intended to guide the State in establishing a welfare state.
This article serves as a cornerstone for various legislative and executive actions aimed at reducing inequality, ensuring economic fairness, and protecting vulnerable sections of society, particularly workers and children. It reflects the aspirations of the Constitution makers for a society where wealth is not concentrated in a few hands and where everyone has an opportunity to live a life of dignity.
Original Text
39. Certain principles of policy to be followed by the State.
The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Detailed Explanation
Article 39 is a crucial articulation of the socialist and welfare principles embedded within the Directive Principles of State Policy. It directs the State to consciously shape its policies to achieve specific socio-economic goals. Each clause of Article 39 addresses a different aspect of creating an equitable and just society.
Clause (a) emphasizes the right to an adequate means of livelihood for all citizens, regardless of gender. This is a fundamental principle aiming to ensure basic economic security.
Clause (b) deals with the distribution of material resources. It mandates that the State ensure that the ownership and control of the community’s resources are distributed in a manner that best serves the common good, preventing monopolistic control detrimental to society.
Clause (c) directly addresses the issue of economic inequality and concentration of wealth. It directs the State to ensure that the economic system operates in a way that prevents the concentration of wealth and means of production to the detriment of the common good.
Clause (d) explicitly mandates equal pay for equal work for both men and women. This is a significant principle promoting gender equality in the workplace regarding remuneration.
Clause (e) focuses on the protection of workers and children. It directs the State to prevent the abuse of the health and strength of workers and ensure that citizens, especially those of tender age or lacking strength, are not forced into unsuitable employment due to economic necessity.
Clause (f), added by the 42nd Amendment Act, 1976, is specifically dedicated to the welfare and development of children and youth. It mandates that the State provide opportunities and facilities for children to develop healthily and with dignity, and protect them from exploitation and abandonment. This clause highlights the State’s responsibility towards building a strong future generation.
Collectively, these principles serve as a directive for legislative action aimed at social and economic reform, such as land reforms, labour laws, laws against monopolies, minimum wage legislation, laws for child welfare, and policies for equitable resource distribution.
Detailed Notes
- Part IV of the Indian Constitution: Directive Principles of State Policy (DPSP).
- Article 39 is a key article within DPSP, outlining certain principles for the State.
- Nature of DPSP: Non-justiciable (cannot be enforced by courts), but fundamental in the governance of the country (Article 37).
- Purpose of Article 39: To secure social and economic justice and establish a welfare state.
- Directive for the State: The State shall direct its policy towards securing these principles.
- Clause (a): Right to adequate means of livelihood
- For all citizens, both men and women equally.
- Ensures basic economic security and survival.
- Clause (b): Equitable distribution of material resources
- Material resources of the community.
- Ownership and control to be distributed to best subserve the common good.
- Aims against excessive concentration of resources in few hands.
- Clause (c): Prevention of concentration of wealth
- Operation of the economic system.
- Must not result in concentration of wealth and means of production.
- Aims to prevent detriment to the common good.
- Clause (d): Equal pay for equal work
- For both men and women.
- Promotes gender equality in wages/remuneration for the same work.
- Clause (e): Protection of workers’ and children’s health and strength
- Health and strength of workers (men and women) and tender age of children must not be abused.
- Citizens not to be forced by economic necessity into unsuitable work (age or strength).
- Clause (f): Opportunities for healthy development of children
- Added by the 42nd Amendment Act, 1976.
- State to provide opportunities/facilities for children’s healthy development with freedom and dignity.
- Childhood and youth to be protected against exploitation and abandonment (moral and material).
- Forms the basis for many social welfare legislations in India.
- Judiciary has often referred to Article 39, especially clauses (a), (b), and (c), while interpreting fundamental rights, particularly Article 14 (Equality) and Article 21 (Right to Life and Personal Liberty), giving them a social and economic dimension.
Additional Comments
- Article 39 embodies the core socio-economic objectives of the Indian state as envisaged by the Constitution makers.
- Its principles, though not enforceable, are used by courts as interpretive aids when examining the constitutionality of laws, especially those related to socio-economic matters.
- Clause (d) on equal pay for equal work has been recognized and applied in various court judgments, effectively becoming a principle read into fundamental rights or statutory laws.
- Article 39(b) and (c) have been instrumental in justifying laws related to land reforms, nationalization of resources, and preventing monopolies. Article 31C was inserted to give primacy to laws made to give effect to Article 39(b) and (c) over Articles 14, 19, and 31 (though Article 31 is now removed as a Fundamental Right concerning property).
- Article 39(f) reflects the State’s commitment to child rights and has inspired legislation like the Juvenile Justice Act and policies promoting child health and education.
Summary
Article 39 directs the State to formulate policies securing an adequate livelihood for all, equitable distribution of community resources for the common good, and prevention of wealth concentration detrimental to society. It mandates equal pay for equal work for men and women, protection of the health and strength of workers and children, and safeguards against forced labour unsuited to age or strength. Furthermore, it requires the State to provide opportunities for the healthy development of children and protect them from exploitation and abandonment. These principles guide the State towards achieving social and economic justice and establishing a welfare state.