Part IV: Directive Principles of State Policy

Article 41: Right to work, to education, and to public assistance

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The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Explanation

Article 41 is part of the Directive Principles of State Policy, which focuses on the State's obligation to ensure access to work, education, and public assistance for its citizens. The provision is subject to the State's economic capacity and development.

Right to Work

Article 41 mandates the State to provide citizens with the right to work. This can be seen in schemes like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which ensures wage employment for rural households.

Right to Education

While the Right to Education (RTE) Act of 2009 is derived from Article 21A, Article 41 laid the foundation for recognizing education as a basic necessity, ensuring that every child has access to free and compulsory education.

Public Assistance in Certain Cases

Article 41 also mandates the State to provide public assistance in cases of unemployment, old age, sickness, and disability. Social security measures like pensions for the elderly and disability benefits reflect the State’s commitment to supporting vulnerable sections of society.

Limits of Economic Capacity and Development

The implementation of the rights under Article 41 is contingent on the State’s economic capacity and level of development. This provision acknowledges that the State's ability to provide these rights may be limited by its resources.

Amendments

Although Article 41 has not been directly amended, its principles have evolved through legislative actions such as the Right to Education Act (2009) and various social security measures.

Real-Life Examples

• MGNREGA (2005): Provides rural households with guaranteed wage employment, reflecting the right to work.
• Old Age Pension Scheme: Ensures financial assistance for the elderly, embodying public assistance under Article 41.
• Unemployment Allowance in Kerala: Supports educated youth facing difficulties in finding employment.

Historical Significance

Article 41 reflects India's post-independence ambition to adopt a welfare state model, inspired by global experiences with social welfare policies. It envisions the State as responsible for supporting vulnerable citizens in times of need.

Legislative History

Article 41 was originally introduced as Article 32 of the Draft Constitution and debated on November 23, 1948. It was incorporated into the final Constitution as part of the Directive Principles of State Policy.

Debates and Deliberations

In the Constituent Assembly debates, Shri Syamanandan Sahaya proposed amendments to include "medical aid" and replace the phrase "undeserved want." However, Dr. B.R. Ambedkar and Shri H.V. Kamath opposed these changes, and the article was adopted as originally drafted.