Part IV: Directive Principles of State Policy

Article 39: Certain principles of policy to be followed by the State

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(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;

[(f) that children are given opportunities for healthy development and are protected from exploitation.]

Explanation

Article 39 of the Indian Constitution belongs to the Directive Principles of State Policy and outlines crucial principles aimed at achieving economic and social justice. These principles guide the government’s efforts to promote the welfare of all citizens, particularly vulnerable sections such as workers, women, and children.

Clause (a): Equal Right to Livelihood for Men and Women

This clause ensures that all citizens, both men and women, have the right to an adequate means of livelihood. This principle emphasizes equal employment opportunities. The MGNREGA is an example of this in action.

Clause (b): Equitable Distribution of Community Resources

This clause calls for the equitable distribution of material resources to serve the common good, ensuring that wealth is not concentrated in the hands of a few. Nationalization of industries like oil, steel, and mining exemplify this principle.

Clause (c): Avoidance of Wealth Concentration

The economic system should avoid the concentration of wealth and means of production. Measures like progressive taxation and land ceiling laws aim to prevent economic monopolies.

Clause (d): Gender Equality in Pay

The principle of equal pay for equal work seeks to address gender-based pay gaps. The Equal Remuneration Act, 1976 is a legislative measure supporting this principle.

Clause (e): Protection of Workers and Children from Exploitation

This clause ensures that workers are not abused and that children are not forced into work. Laws such as the Child Labour (Prohibition and Regulation) Act and welfare initiatives protect these rights.

Clause (f): Safeguarding Children’s Rights (Amended in 1976)

The 42nd Amendment (1976) modified Clause (f) to focus on the healthy development of children, reflecting the need for child-centric policies. The Right to Education Act is a key example of this principle in action.

Historical Significance

The principles in Article 39 have greatly influenced India’s post-independence governance. Reforms like land redistribution, nationalization, and the Equal Remuneration Act reflect this article’s vision of social justice.

Legislative History

Article 39 was first introduced as Article 31 of the Draft Constitution and discussed on November 29, 1948.

Debates and Deliberations

In the debates on Article 31 of the Draft Constitution, Mr. Naziruddin Ahmad proposed omitting "men and women equally" from clause (i), but Dr. B.R. Ambedkar defended its inclusion to emphasize gender equality. Professor K.T. Shah proposed State ownership of resources and abolition of monopolies, but his amendments were rejected.