Article 39

Article 39 of the Indian Constitution forms a vital part of the Directive Principles of State Policy (DPSPs) contained in Part IV. It outlines specific socio-economic objectives that the State must strive to achieve in order to establish a just, equitable, and welfare-oriented society. The article reflects the framers’ vision of an India where economic democracy complements political democracy, and where the fruits of development are distributed fairly among all citizens.

Constitutional Background and Objective

The Directive Principles, including Article 39, were inspired by the Irish Constitution and the socialist philosophy of the Indian freedom movement. They embody the goal of transforming India into a welfare state committed to the ideals of justice, liberty, equality, and fraternity enshrined in the Preamble.
Article 39 sets out concrete principles to guide State policy in achieving social and economic justice. While it is non-justiciable—meaning courts cannot compel its enforcement—it carries binding moral and political authority on all organs of the State. It serves as a constitutional mandate for ensuring that governance and economic development promote collective welfare rather than individual gain.

Text and Structure of Article 39

Article 39 directs the State to ensure six key policy principles:
(a) Right to Livelihood: The State shall ensure that men and women equally have the right to an adequate means of livelihood.(b) Equitable Distribution of Resources: The ownership and control of material resources of the community shall be distributed in a manner that best serves the common good.(c) Prevention of Wealth Concentration: The operation of the economic system shall not result in the concentration of wealth and means of production in the hands of a few.(d) Equal Pay for Equal Work: Men and women shall receive equal pay for equal work.(e) Protection of Health and Strength of Workers: The State shall safeguard the health and strength of workers—men, women, and children—and ensure that citizens are not forced by economic necessity to undertake unsuitable employment.(f) Childhood Protection and Development: Children shall be given opportunities for healthy development in conditions of freedom and dignity and protected against exploitation and abandonment.
These clauses collectively aim to reduce inequalities, promote social welfare, and ensure that development benefits all sections of society.

Detailed Analysis of Key Clauses

1. Right to Livelihood (Clause a)Article 39(a) establishes that both men and women are entitled to equal rights to an adequate means of livelihood. It underscores the principle of equality of opportunity and the State’s responsibility to create conditions for gainful employment. This provision lays the groundwork for policies on employment generation, labour welfare, and gender equality in work participation.
2. Ownership and Control of Resources (Clause b)This clause mandates that material resources—such as land, minerals, and industrial assets—should be managed to serve the collective interest of society rather than private monopolies. It forms the basis for land reforms, nationalisation policies, and schemes ensuring equitable resource distribution.
3. Economic System and Wealth Concentration (Clause c)Article 39(c) aims to prevent the concentration of wealth in a few hands. It reflects the socialist objective of achieving economic balance by ensuring that the economy operates in a way that benefits all citizens. Measures such as progressive taxation, anti-monopoly laws, and social welfare programmes derive constitutional legitimacy from this clause.
4. Equal Pay for Equal Work (Clause d)This provision establishes the principle of gender equality in wages and employment. It has been reinforced through various labour laws, including the Equal Remuneration Act, 1976, which prohibits discrimination in pay and recruitment. The clause ensures that both men and women receive fair compensation for the same work or work of similar value.
5. Health and Strength of Workers (Clause e)Article 39(e) obligates the State to protect workers’ physical and mental well-being. It prohibits the exploitation of labour and mandates that citizens, particularly women and children, are not compelled to work in conditions unsuitable to their age or capacity. Legislative measures such as the Factories Act, 1948, and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, are examples of laws enacted in furtherance of this clause.
6. Child Development and Protection (Clause f)This clause focuses on safeguarding children’s rights by ensuring their healthy growth in conditions of freedom and dignity. It directs the State to protect children from exploitation, neglect, and abandonment. Laws such as the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Right to Education Act, 2009, have been framed in alignment with this constitutional directive.

Relationship with Other Constitutional Provisions

Article 39 complements several other provisions of the Constitution that collectively aim to achieve social and economic justice:

• Article 38: Directs the State to promote a social order based on justice.
• Article 41: Guarantees the right to work, education, and assistance in certain cases.
• Article 42: Ensures humane working conditions and maternity relief.
• Article 43: Calls for living wages and decent working conditions.
• Article 46: Mandates the promotion of educational and economic interests of weaker sections, including Scheduled Castes and Scheduled Tribes.

Together, these articles create a constitutional framework for building an equitable welfare state.

Judicial Interpretation and Landmark Cases

The Supreme Court of India has played an instrumental role in giving Article 39 practical significance through progressive judicial interpretation.

• State of Madras v. Champakam Dorairajan (1951): The Court initially held that Directive Principles cannot override Fundamental Rights, prompting constitutional amendments to harmonise the two.
• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court reaffirmed the need for a balance between Fundamental Rights and Directive Principles, observing that both together form the core of the Constitution’s basic structure.
• People’s Union for Democratic Rights v. Union of India (1982): The Court linked Article 39(a) to Article 21, holding that the right to livelihood is an integral part of the right to life.
• Vishaka v. State of Rajasthan (1997): The Court invoked Article 39(d) to frame guidelines ensuring workplace safety and equality for women.
• Unni Krishnan J.P. v. State of Andhra Pradesh (1993): The right to education was recognised as part of the right to life under Article 21, in alignment with the objectives of Article 39(f).

Through these judgments, the judiciary has elevated the Directive Principles, including Article 39, to an integral part of India’s constitutional conscience.

Implementation and Policy Measures

The implementation of Article 39’s objectives can be seen through various legislative and administrative initiatives:

• Employment and Livelihood: Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005 ensures the right to employment and livelihood security.
• Resource Distribution: Land reform laws, public sector undertakings, and cooperative movements were established to ensure equitable distribution of wealth and resources.
• Gender Equality: The Equal Remuneration Act, 1976 and policies promoting women’s empowerment address the goal of equal pay and employment rights.
• Child Protection and Welfare: The Right to Education Act, 2009, and Integrated Child Development Services (ICDS) scheme promote the welfare and development of children.
• Worker Protection: Labour codes and welfare legislation safeguard worker health, safety, and fair treatment.

These measures demonstrate the State’s continuing efforts to translate the aspirations of Article 39 into practical outcomes.

Challenges and Criticism

Despite considerable progress, the realisation of Article 39’s goals remains incomplete due to several challenges:

• Persistent socio-economic inequality: Wealth concentration and unemployment continue to pose obstacles.
• Gender disparity in employment and wages: The gender pay gap remains significant, particularly in informal sectors.
• Child labour and exploitation: Despite legal prohibitions, instances of child labour persist in certain regions.
• Implementation inefficiencies: Administrative corruption and inadequate resource allocation often hinder effective policy execution.

Addressing these challenges requires stronger institutional mechanisms, inclusive growth strategies, and sustained political commitment.

Significance in the Constitutional Framework

Article 39 stands as one of the most comprehensive expressions of the welfare state philosophy in the Indian Constitution. It enshrines the principles of distributive justice, economic equality, and human dignity, aiming to harmonise individual rights with collective welfare.
By directing the State to ensure livelihood, equitable distribution of wealth, gender equality, and protection of children and workers, Article 39 provides the constitutional foundation for India’s socio-economic transformation.

Conclusion

Article 39 of the Indian Constitution encapsulates the essence of social and economic justice envisioned by the framers. It directs the State to create a social order where equality of opportunity, fair distribution of wealth, and protection of vulnerable groups are ensured.