Article 39 of the Indian Constitution: Principles of Economic and Social Justice

Article 39 of the Indian Constitution: Principles of Economic and Social Justice

Article 39 is a part of the Directive Principles of State Policy (DPSP) and focuses on ensuring economic justice, equal opportunities, and protection of citizens' welfare. It lays down key principles to guide the State in policymaking, ensuring that resources are distributed fairly and that vulnerable groups are protected from economic exploitation.

This article aims to achieve a socialist and welfare-oriented economy where every citizen has equal access to opportunities and basic needs are fulfilled.

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📜 Text of Article 39

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.

Introduction

When India gained independence in 1947, our founding fathers had a vision of creating a nation where every citizen could live with dignity and have equal opportunities. Article 39 of the Indian Constitution is one of the most important provisions that works toward making this dream a reality. This article is like a blueprint for economic justice in our country.

Article 39 is part of the Directive Principles of State Policy, which are guidelines that tell the government what kind of policies they should make to create a better society. Think of these principles as a roadmap that shows the government the direction they should take when making laws and policies.

What is Article 39?

Article 39 is titled "Certain principles of policy to be followed by the State." It contains six important clauses that outline how the government should work to ensure that wealth and resources are distributed fairly among all citizens. The main goal is to make sure that a few rich people don't control everything while the majority of people remain poor.

Let's break down this article in the simplest way possible. Imagine India as a big family, and Article 39 tells the head of the family (the government) how to make sure everyone in the family gets what they need to live a good life.

The Six Key Provisions of Article 39

Clause (a): Right to Adequate Means of Livelihood

What it says: "That the citizens, men and women equally, have the right to an adequate means of livelihood."

In simple terms: Every person in India, whether man or woman, should have enough ways to earn money to live a decent life. This means everyone should have access to jobs, business opportunities, or other ways to make a living.

Why it's important: Before independence, many people, especially women, had very limited opportunities to earn money. This clause ensures that the government creates policies that give everyone, regardless of gender, the chance to earn and support themselves and their families.

Real-life example: Government job reservation policies, skill development programs like Pradhan Mantri Kaushal Vikas Yojana, and support for small businesses are all ways this clause is implemented.

Clause (b): Fair Distribution of Resources

What it says: "That the ownership and control of the material resources of the community are so distributed as best to subserve the common good."

In simple terms: The country's natural resources like land, water, minerals, and forests should be used in a way that benefits everyone, not just a few wealthy people or big companies.

Why it's important: India is rich in natural resources, but if only a small group of people control these resources, it creates inequality. This clause ensures that these resources are used for the benefit of all citizens.

Real-life example: Public sector companies in mining, oil, and gas industries were created based on this principle. Land redistribution programs and community ownership of water resources also reflect this clause.

Clause (c): Preventing Concentration of Wealth

What it says: "That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment."

In simple terms: The economic system should be designed so that wealth doesn't get concentrated in the hands of a few people, which would harm everyone else.

Why it's important: When too much wealth is controlled by very few people, it creates a huge gap between rich and poor. This clause aims to prevent such extreme inequality.

Real-life example: Competition laws, limits on monopolies, and progressive taxation (where rich people pay higher tax rates) are examples of how this principle is applied.

Clause (d): Equal Pay for Equal Work

What it says: "That there is equal pay for equal work for both men and women."

In simple terms: Men and women should receive the same salary for doing the same job with the same qualifications and experience.

Why it's important: Traditionally, women were paid less than men even when they did the same work. This clause ensures gender equality in wages.

Real-life example: Government policies ensuring equal pay in public sector jobs, and laws requiring private companies to maintain pay equality between genders.

Clause (e): Protection of Workers

What it says: "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."

In simple terms:

• Workers should not be made to work in conditions that harm their health
• Children should not be forced to work
• People should not be compelled by poverty to take jobs that are dangerous or unsuitable for them

Why it's important: This clause protects the most vulnerable sections of society - workers, women, and children - from exploitation.

Real-life example: Child labor laws, workplace safety regulations, minimum wage laws, and restrictions on hazardous work for women and young people.

Clause (f): Opportunities for Child Development

What it says: "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."

In simple terms: Children should have proper opportunities to grow up healthy, educated, and safe. They should be protected from any form of exploitation or neglect.

Why it's important: Children are the future of the country, and their proper development is crucial for India's progress.

Real-life example: Right to Education Act, child protection laws, schemes like Mid-Day Meal Program, and various child welfare policies.

Historical Background

Article 39 was drafted by the Constituent Assembly of India between 1946 and 1949. The members of the assembly were deeply influenced by their experiences during British colonial rule, where they witnessed extreme poverty, exploitation of workers, and concentration of wealth in the hands of a few.

Dr. B.R. Ambedkar, who was the chairman of the drafting committee, and other leaders like Jawaharlal Nehru were particularly concerned about creating a just economic system. They studied the constitutions of various countries and incorporated the best ideas into our Constitution.

The inspiration for these principles came from various sources:

• The Irish Constitution
• The experiences of socialist countries
• Gandhian philosophy of economic equality
• The need to address the massive inequality left behind by colonial rule

Why Article 39 is Part of Directive Principles

You might wonder why Article 39 is placed in the Directive Principles of State Policy rather than in Fundamental Rights. Here's why:

Not Legally Enforceable: Unlike Fundamental Rights, you cannot go to court directly if the government doesn't follow these principles. They are moral and political obligations for the government.

Guidelines for Governance: These principles guide the government in making laws and policies. They tell the government what kind of society they should try to create.

Long-term Goals: Implementing these principles requires time, resources, and gradual social change. Making them legally enforceable immediately after independence would have been impractical.

Flexibility: Being directive principles gives the government flexibility in how they implement these goals based on available resources and changing circumstances.

Implementation of Article 39

Over the years, various governments have made numerous attempts to implement the principles of Article 39:

Economic Policies

• Five-Year Plans: India's planned economic development has consistently focused on reducing poverty and inequality.
• Public Sector Enterprises: Creation of public sector companies to ensure important industries serve public interest.
• Land Reforms: Various states implemented land redistribution programs to break the concentration of agricultural land.

Labor Laws

• Minimum Wage Act: Ensures workers get at least a basic wage for their survival.
• Equal Remuneration Act: Implements the principle of equal pay for equal work.
• Factories Act: Regulates working conditions to protect worker health and safety.

Social Welfare Schemes

• Employment Guarantee Schemes: Programs like MGNREGA provide guaranteed employment to rural households.
• Food Security: Public Distribution System ensures basic food grains reach the poor.
• Education and Healthcare: Government programs to provide these basic services to all.

Child Welfare

• Right to Education Act: Makes education a fundamental right for children aged 6-14.
• Child Labor Laws: Prohibit employment of children in hazardous occupations.
• Various Child Welfare Schemes: Programs for nutrition, healthcare, and protection of children.

Challenges in Implementation

Despite decades of effort, fully implementing Article 39 faces several challenges:

Resource Constraints

Implementing these principles requires significant financial resources, which are often limited. The government must balance various competing needs and priorities.

Lack of Political Will

Sometimes, political parties may not prioritize these principles due to pressure from powerful interest groups or short-term political considerations.

Administrative Challenges

India's vast size and diversity make it difficult to implement uniform policies effectively across all states and regions.

Resistance from Vested Interests

People or groups who benefit from the current unequal system often resist changes that would redistribute wealth and opportunities.

Slow Judicial Process

When conflicts arise about implementation, the slow pace of courts can delay necessary reforms.

Recent Developments

In recent years, there have been several important developments related to Article 39:

Supreme Court Interpretations

The Supreme Court has increasingly referred to Directive Principles, including Article 39, while interpreting Fundamental Rights. The court has said that Fundamental Rights and Directive Principles should be read together.

New Government Schemes

Recent governments have launched various schemes that align with Article 39 principles:

• Jan Dhan Yojana: Financial inclusion for the poor
• Skill India: Training programs for employment
• Make in India: Promoting domestic manufacturing and employment

Corporate Social Responsibility

New laws require large companies to spend a portion of their profits on social welfare activities, indirectly supporting Article 39 objectives.

Global Relevance

Article 39's principles are not just relevant for India but reflect global concerns about inequality and sustainable development. The United Nations' Sustainable Development Goals share many similarities with these principles:

• Goal 1: No Poverty
• Goal 5: Gender Equality
• Goal 8: Decent Work and Economic Growth
• Goal 10: Reduced Inequalities

This shows that the vision of India's founding fathers was ahead of its time and remains relevant in today's globalized world.

Conclusion

Article 39 of the Indian Constitution represents the dreams and aspirations of our founding fathers for a just and equitable society. While we have made significant progress in some areas, there is still much work to be done to fully realize these principles.

The true success of Article 39 will be measured not by the laws passed or schemes launched, but by whether an ordinary Indian citizen can say:

• "I have equal opportunities to earn a living"
• "My children are safe, educated, and have a bright future"
• "I am not exploited at my workplace"
• "I receive fair compensation for my work"
• "The country's resources benefit me and my community"

As citizens, we can contribute to implementing Article 39 by:

• Supporting fair labor practices
• Promoting gender equality in our workplaces and communities
• Protecting children from exploitation
• Participating in democratic processes to elect leaders who prioritize these principles
• Being aware of our rights and responsibilities

Article 39 is not just a constitutional provision; it is a commitment to building the India that our freedom fighters envisioned – a nation where every citizen can live with dignity, equality, and hope for a better tomorrow. The journey toward economic justice continues, and each generation of Indians has a role to play in making this vision a reality.

The principles enshrined in Article 39 remind us that true independence is not just political freedom from foreign rule, but also economic freedom from poverty, exploitation, and inequality. As we move forward as a nation, these principles continue to guide us toward a more just and equitable society for all.