Article 39 of Indian Constitution
Article 39 of the Indian Constitution
1. Text of Article 39
Article 39 is part of the Directive Principles of State Policy (Part IV) in the Constitution of India. It states:
"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 vocations unsuited to their age or strength."**
2. Nature and Scope
Article 39 is a Directive Principle of State Policy, which means it is non-justiciable (cannot be enforced by courts), but it guides the State in formulating laws and policies.
It directs the State to secure social justice and economic welfare of its citizens.
The article emphasizes equality, fair distribution of resources, protection of workers and children, and prohibition of exploitation.
3. Key Provisions Explained
Clause (a): Equal right to an adequate means of livelihood for both men and women.
Clause (b): Distribution of ownership and control of material resources for the common good.
Clause (c): Prevention of concentration of wealth and means of production.
Clause (d): Equal pay for equal work for men and women.
Clause (e): Protection of health and strength of workers and children; prohibition against economic exploitation.
4. Importance in Indian Constitutional Framework
Article 39 aims to reduce socio-economic inequalities.
It promotes social welfare and economic democracy.
The article acts as a foundation for legislations related to labour laws, social security, economic reforms, gender equality, and child welfare.
It seeks to create an egalitarian society by balancing economic development with social justice.
5. Case Law Illustrating Article 39
Though Article 39 is not enforceable directly in courts, it has been used to interpret Fundamental Rights and in shaping the policy of the State. Several Supreme Court judgments have emphasized its importance:
5.1 Mohini Jain v. State of Karnataka (1992)
The Court held that the right to education flows from Article 21 (Right to Life) and is influenced by Directive Principles such as Article 39.
Emphasized that education is necessary to ensure an adequate means of livelihood (Article 39(a)).
This judgment linked Article 21 with Directive Principles, giving them indirect enforceability.
5.2 Unni Krishnan, J.P. v. State of Andhra Pradesh (1993)
The Court observed that Article 39(a) and other Directive Principles provide the basis for the right to education.
The State must provide free and compulsory education up to a certain age.
The directive principles guide the interpretation of Fundamental Rights for socio-economic welfare.
5.3 Bharat Petroleum Corporation Ltd. v. Employees (2003)
The Supreme Court relied on Article 39(d) in the context of equal pay for equal work, emphasizing that men and women should be paid equally for the same job.
This reinforced the principle of gender equality in employment conditions.
5.4 Minerva Mills Ltd. v. Union of India (1980)
The Court held that the Directive Principles, including Article 39, cannot be subordinated to Fundamental Rights.
Both are complementary and must be balanced.
Emphasized that social welfare and justice are constitutional goals.
6. Implementation of Article 39
Though non-justiciable, Article 39 has been a guiding light for policies on:
Labour welfare laws (e.g., minimum wages, working conditions).
Gender equality laws (e.g., equal pay, prohibition of discrimination).
Social security and welfare schemes.
Land reforms and redistribution of wealth.
Child labor laws prohibiting exploitation of children.
7. Conclusion
Article 39 embodies the commitment of the Indian State to social justice, economic equality, and protection of vulnerable sections of society. It directs the State to design policies ensuring equal opportunities, fair distribution of resources, and safeguarding human dignity in the economic sphere. Although not enforceable directly in courts, its principles influence judicial decisions and legislative actions, helping India move towards a more just and equitable society.
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