Article 38

Article 38 of the Indian Constitution forms one of the central pillars of the Directive Principles of State Policy (DPSPs). It mandates the State to promote the welfare of the people by securing a social order founded on the principles of justice—social, economic, and political. This article represents the Constitution’s vision of a welfare-oriented democracy, where the State assumes an active role in reducing inequalities and ensuring a fair distribution of resources and opportunities among all citizens.

Constitutional Background and Objective

The inclusion of Article 38 was inspired by the socio-economic philosophy underlying the Preamble to the Constitution, which pledges to secure justice—social, economic, and political—to all citizens. Drawing from the principles of the Irish Constitution and the socialist ideals embraced by the Constituent Assembly, Article 38 was designed to provide a blueprint for creating an equitable and inclusive social order.
Its primary objective is to ensure that the fruits of development and economic progress are distributed fairly across society, thereby upholding the ideals of equality and justice. This reflects the framers’ commitment to transforming India from a colonial economy marked by social stratification and poverty into a welfare state guaranteeing dignity and opportunity for all.

Text and Key Provisions

Article 38 states:

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.”

The article thus has two essential dimensions:

• Clause (1): Establishes the general obligation of the State to promote welfare by securing an order founded on justice.
• Clause (2): Specifically directs the State to address and reduce socio-economic inequalities across individuals and groups.

Together, these clauses create a moral and constitutional duty for the government to shape policies that foster inclusive development, ensuring that justice permeates all aspects of governance.

Core Principles and Focus Areas

Article 38 lays down the framework for establishing a just social order, guiding the State’s policies towards the following objectives:

• Minimising income inequality by ensuring equitable distribution of wealth and economic opportunities.
• Eliminating disparities in social status, access to facilities, and availability of opportunities.
• Addressing regional and vocational inequalities, ensuring that development reaches all parts of the country and benefits all classes of workers.
• Promoting social justice, which includes protecting vulnerable groups such as Scheduled Castes, Scheduled Tribes, women, and the poor.

Through these principles, Article 38 envisions a welfare-oriented State that actively intervenes in economic and social domains to correct structural inequities.

Relationship with Other Directive Principles

Article 38 serves as the foundational principle for several other Directive Principles in Part IV of the Constitution, which collectively aim to establish a just and equitable society.

• Article 39: Directs the State to ensure adequate means of livelihood, equitable distribution of resources, and protection against economic exploitation.
• Article 41: Emphasises the right to work, education, and public assistance in cases of unemployment or old age.
• Article 42: Advocates just and humane conditions of work and maternity relief.
• Article 43: Promotes living wages and decent standards of life for workers.

Thus, Article 38 acts as the overarching constitutional philosophy that informs and unifies these subsequent directives.

Judicial Interpretation and Landmark Judgments

The judiciary has played a significant role in interpreting and expanding the scope of Article 38, treating it as a guiding principle for realising socio-economic justice.

• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court emphasised that the harmony between Fundamental Rights and Directive Principles forms the foundation of the Constitution. It highlighted Article 38 as a key expression of the State’s obligation to build a social order based on justice.
• Vishaka v. State of Rajasthan (1997): The Court relied on Directive Principles, including Article 38, to frame guidelines ensuring gender equality and workplace safety for women.
• People’s Union for Civil Liberties v. Union of India (2001): The Supreme Court interpreted the right to food as part of the right to life under Article 21, linking it to the welfare principles embodied in Article 38.
• State of Kerala v. N. M. Thomas (1976): The Court held that the concept of equality in the Constitution is not merely formal but includes substantive equality aimed at promoting social justice, as envisioned in Article 38.

Through these interpretations, the judiciary has consistently reinforced that Article 38 forms an integral part of the constitutional philosophy of welfare and justice.

Implementation through Policies and Programmes

To realise the vision of Article 38, successive governments have introduced a range of legislative measures and welfare schemes aimed at reducing inequalities and promoting social justice. Some notable examples include:

• The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005: Provides the right to employment and ensures livelihood security for rural households.
• The Right to Education Act, 2009: Ensures free and compulsory education for children between six and fourteen years.
• The National Rural Health Mission (NRHM): Aims to improve healthcare access, particularly for the rural poor.
• Social Security Schemes: Including pension schemes, housing initiatives, and food security programmes for vulnerable groups.
• Reservation Policies: For Scheduled Castes, Scheduled Tribes, and Other Backward Classes to eliminate inequalities in opportunities and access to resources.

These measures collectively demonstrate the State’s ongoing efforts to operationalise the constitutional mandate of Article 38.

Challenges in Implementation

Despite constitutional and policy efforts, several challenges persist in achieving the objectives of Article 38:

• Persistent socio-economic inequalities: The gap between rich and poor remains significant, both in urban and rural areas.
• Regional imbalances: Developmental disparities continue to exist across states and between rural and urban regions.
• Gender inequality: Women continue to face unequal access to education, employment, and resources.
• Administrative inefficiency and corruption: Ineffective governance and lack of accountability often hinder welfare delivery.
• Exclusion of marginalised groups: Certain sections, including tribal populations and informal workers, remain outside the full scope of welfare initiatives.

These challenges underscore the need for sustained political commitment and administrative reform to fully realise the constitutional vision of Article 38.

Significance and Constitutional Philosophy

Article 38 holds a central place in India’s constitutional and socio-economic philosophy. It represents:

• The commitment to social justice: Ensuring that every citizen enjoys equality of opportunity and fair access to resources.
• The ideal of the welfare state: Encouraging State intervention to promote economic and social welfare.
• The foundation for inclusive growth: Guiding the State to balance economic development with social equity.
• A moral and political directive: Binding upon the government to act in accordance with the principles of justice, equality, and dignity.

By directing the State to strive for justice in all spheres of national life, Article 38 integrates economic growth with ethical governance, ensuring that development serves the broader purpose of human welfare.

Conclusion

Article 38 of the Indian Constitution serves as the cornerstone of India’s socio-economic framework, embodying the nation’s vision of justice and equality. It lays the foundation for a welfare state committed to reducing inequalities and ensuring the dignity and well-being of every citizen.