Article 43 is a significant provision nestled within Part IV of the Indian Constitution, which outlines the Directive Principles of State Policy (DPSPs). These principles, though not enforceable by any court, are fundamental in the governance of the country and it is the duty of the State to apply them in making laws. Article 43 embodies the constitutional vision of socio-economic justice by focusing on the well-being and dignity of the working population.
It directs the State to strive towards creating conditions that allow workers not just to survive, but to thrive, by ensuring a decent standard of living, adequate leisure, and opportunities for cultural participation, alongside a living wage.
Original Text
43. Living wage, etc., for workers.
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
Detailed Explanation
Article 43 places a positive obligation on the State to actively work towards improving the lives of all workers. It mandates the State to use various means, including legislation, economic organisation, or any other suitable approach, to achieve several interconnected goals for the working population, irrespective of their sector (agricultural, industrial, or other).
The core components of this directive are:
- Work: The article implicitly includes securing work, although the primary focus is on the conditions and remuneration of work.
- Living Wage: This is distinct from a minimum wage. A minimum wage is just enough for subsistence. A living wage is conceived as one that provides not merely for the bare necessities of life but also for the worker’s education, health, and other needs necessary for maintaining a decent standard of life and social obligations. It implies a level of income that allows for participation in social and cultural life.
- Conditions of Work ensuring a decent standard of life: The working environment and conditions must be conducive to maintaining the worker’s health, safety, and overall well-being, enabling them to live with dignity.
- Full enjoyment of leisure: Workers should have adequate time off from work to rest, rejuvenate, and engage in non-work activities.
- Social and cultural opportunities: The State should facilitate access for workers to participate in the social and cultural life of the community, ensuring they are not merely economic units but integrated members of society with opportunities for personal and communal development.
Furthermore, the article includes a specific directive to promote cottage industries on an individual or co-operative basis, especially in rural areas. This reflects the economic context at the time of the Constitution’s framing, emphasizing decentralized production and employment generation in villages. This aspect can also be seen as contributing to providing work and potentially a living wage in rural settings.
The phrase “shall endeavour” signifies that this is a goal the State must strive to achieve, employing suitable means. While not directly enforceable in courts like Fundamental Rights, this principle guides policy-making and legislation related to labour, wages, social security, and rural development.
Detailed Notes
- Part IV of the Indian Constitution (Directive Principles of State Policy).
- Directive Principle, non-justiciable but fundamental in governance.
- Places a positive obligation on the State.
- Applies to all workers: agricultural, industrial, or otherwise.
- Mandates the State to secure specific conditions using suitable legislation, economic organisation, or other means.
- Key goals for workers:
- Work.
- A living wage (distinct from minimum wage).
- Conditions of work ensuring a decent standard of life.
- Full enjoyment of leisure.
- Social and cultural opportunities.
- Living Wage: Should cover not just basic needs but also education, health, and other requirements for a decent life and social participation.
- Decent Standard of Life: Implies conditions promoting health, safety, and dignity.
- Leisure & Opportunities: Ensures time off and access to social/cultural life.
- Special emphasis on promoting cottage industries in rural areas.
- Cottage industries promotion can be on an individual or co-operative basis.
- Aims at achieving socio-economic justice for the working class.
- Guides legislative actions related to labour laws, minimum wages, working conditions, social security schemes.
- Reflects the aspiration for a welfare state.
Additional Comments
- Article 43 is closely related to Article 39 (a distribution of material resources for the common good and preventing concentration of wealth), Article 41 (Right to work, to education and to public assistance in certain cases), and Article 42 (Provision for just and humane conditions of work and maternity relief).
- Several labour laws and social security schemes in India, such as the Minimum Wages Act, Payment of Wages Act, and the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), are legislative steps taken by the state towards fulfilling the directive of Article 43 and related DPSPs.
- The concept of ’living wage’ has been subject to judicial interpretation over time, often emphasizing its broader scope beyond mere subsistence, aligning with the dignity and welfare of the worker.
- The promotion of cottage industries reflects the Gandhian economic philosophy integrated into the DPSPs, focusing on decentralized rural economy.
Summary
Article 43 of the Indian Constitution is a Directive Principle requiring the State to strive towards securing for all workers a living wage, conditions of work ensuring a decent standard of life, the full enjoyment of leisure, and access to social and cultural opportunities. The State must achieve these goals through appropriate legislation, economic organisation, or other means. It also specifically directs the State to promote cottage industries, particularly in rural areas, on an individual or co-operative basis. This article embodies the State’s commitment to enhancing the socio-economic status and dignity of the working population.