Article 39, enshrined in Part IV of the Indian Constitution, is one of the most vital Directive Principles of State Policy (DPSP). It serves as a comprehensive charter for the establishment of a Welfare State, directing the government to formulate policies that ensure social and economic democracy. By emphasizing the equitable distribution of resources, gender equality in wages, and the protection of vulnerable groups like children and workers, Article 39 acts as the moral and legal foundation for legislative actions aimed at reducing systemic inequalities.
The Constitutional Mandate:
The Constitution of India explicitly mandates that the State shall direct its policy toward securing specific socioeconomic goals. Article 39 is designed to bridge the gap between “political democracy” (the right to vote) and “economic democracy” (the right to a dignified life).
The Six Specific Directives of Article 39
The article is divided into six clauses, each addressing a unique facet of distributive justice:
- Clause (a) – Right to Livelihood: Ensuring that all citizens, men and women equally, have the right to an adequate means of livelihood.
- Clause (b) – Common Good: Ensuring that the ownership and control of the material resources of the community are distributed in a way that best serves the common good.
- Clause (c) – Economic Equity: Preventing the concentration of wealth and the means of production to the common detriment.
- Clause (d) – Gender Equality: Mandating equal pay for equal work for both men and women.
- Clause (e) – Protection of Health: Protecting the health and strength of workers (men and women) and the tender age of children from being abused or forced into unsuitable vocations due to economic necessity.
- Clause (f) – Child Welfare: Providing children with opportunities to develop in a healthy manner and protecting youth against exploitation and moral abandonment (Modified by the 42nd Amendment Act, 1976).
Interpretation and Legal Significance
Article 39 is more than a mere statement of intent; it has been the catalyst for some of India’s most significant social and economic laws.
Equitable Distribution and Resource Management
Under Article 39(b) and 39(c), the State is empowered to regulate private property and industries to prevent monopolies. These clauses were the primary justification for historical measures such as the Nationalization of Banks and various Land Reform Acts. The Supreme Court has repeatedly held that “material resources” include both natural resources (like minerals and forests) and man-made resources.
Gender Justice: Equal Pay for Equal Work
Article 39(d) is a cornerstone for labor rights in India. Although it is a Directive Principle and not a Fundamental Right, the Supreme Court has elevated it to a high status, stating that it is a constitutional goal. This led to the enactment of the Equal Remuneration Act, 1976, which prohibits discrimination in payment based on gender.
Protection of the Vulnerable
Clauses (e) and (f) provide a protective shield for the marginalized. They ensure that poverty does not force a child into hazardous labor or an adult into a job that destroys their health. This is reflected in the Child Labour (Prohibition and Regulation) Act and various Maternity Benefit regulations.
Importance in the Indian Legal System
While Article 39 is non-justiciable (cannot be enforced directly in a court of law), it is “fundamental in the governance of the country” as per Article 37.
- Guidance for Legislation: It provides the “Instrument of Instructions” for the Parliament and State Legislatures when drafting laws.
- Constitutional Interpretation: Courts use Article 39 to interpret the scope of Fundamental Rights. For instance, the Right to Life (Article 21) has been expanded to include the Right to Livelihood, drawing inspiration from Article 39(a).
- The 25th Amendment Link: Article 31C was introduced to give primacy to laws made to implement Article 39(b) and 39(c), protecting them from being challenged on the grounds of violating Articles 14 (Equality) and 19 (Freedom).
Implementation: From Policy to Practice
Successive governments have implemented various programs to fulfill the mandates of Article 39:
| Directive | Key Implementation Examples |
| 39(a) Livelihood | MGNREGA (National Rural Employment Guarantee Act) |
| 39(b) & (c) Equity | Land Ceiling Acts, Monopolies and Restrictive Trade Practices (MRTP) Act |
| 39(d) Equal Pay | Equal Remuneration Act, 1976; Code on Wages |
| 39(f) Child Welfare | Integrated Child Development Services (ICDS), Right to Education |
FAQs
WHAT IS THE PRIMARY GOAL OF ARTICLE 39 IN THE INDIAN CONSTITUTION?
The primary goal is to ensure social and economic justice by directing the State to create policies that promote equality, prevent the concentration of wealth, and protect vulnerable citizens.
IS ARTICLE 39 ENFORCEABLE IN A COURT OF LAW?
No, as a part of the Directive Principles of State Policy (Part IV), Article 39 is non-justiciable. However, it is fundamental to governance, and the State is duty-bound to apply these principles when making laws.
WHICH AMENDMENT MODIFIED ARTICLE 39(F)?
The 42nd Constitutional Amendment Act of 1976 modified Article 39(f) to emphasize that children be given opportunities to develop in conditions of freedom and dignity.
WHAT DOES “EQUAL PAY FOR EQUAL WORK” MEAN UNDER ARTICLE 39(D)?
It means that the State must ensure that both men and women receive the same remuneration for work of a similar nature, preventing gender-based wage discrimination.
HOW DOES ARTICLE 39 PREVENT THE CONCENTRATION OF WEALTH?
Under Article 39(c), the State is directed to ensure that the economic system does not function in a way that results in wealth and means of production being held by a few to the detriment of the public.
WHAT IS THE RELATIONSHIP BETWEEN ARTICLE 39 AND FUNDAMENTAL RIGHTS?
While Fundamental Rights are individualistic, Article 39 is socialistic. The Supreme Court has ruled that they are complementary, and one should not be achieved at the cost of the other.
DOES ARTICLE 39 PROTECT CHILDREN FROM EXPLOITATION?
Yes, Article 39(e) and 39(f) specifically state that the tender age of children should not be abused and that they should be protected against exploitation and moral abandonment.
WHICH CLAUSE OF ARTICLE 39 DEALS WITH THE DISTRIBUTION OF MATERIAL RESOURCES?
Article 39(b) mandates that the ownership and control of the community’s material resources be distributed to best serve the common good.
WHAT IS THE SIGNIFICANCE OF ARTICLE 39(A) REGARDING LIVELIHOOD?
It directs the State to ensure that all citizens, regardless of gender, have an equal right to adequate means of livelihood, forming the basis for many employment-related schemes.
WHO DESCRIBED THE DPSPS (INCLUDING ARTICLE 39) AS THE “NOVEL FEATURES” OF THE CONSTITUTION?
Dr. B.R. Ambedkar, the chief architect of the Indian Constitution, described the Directive Principles as a “novel feature” aimed at achieving economic democracy.
