Actual Article
Article 41: Right to work, to education, and to public assistance in certain cases
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.
UPSC Notes for Article 41
Explanation:
- Directive Principle: Article 41 is part of the Directive Principles of State Policy (DPSPs) under Part IV of the Indian Constitution. It directs the State to ensure the right to work, education, and public assistance.
- Conditional Implementation: The implementation of Article 41 is subject to the State’s economic capacity and development, indicating that it is not an absolute right but a guiding principle for state policy.
Key Points:
- Right to Work: The State is tasked with creating conditions that provide employment opportunities to its citizens.
- Right to Education: Ensures that the State provides educational facilities to all citizens, promoting literacy and learning.
- Public Assistance: Obligates the State to offer support in cases of unemployment, old age, sickness, disablement, and other situations of undeserved want.
- Economic Limitations: Acknowledges the practical limitations based on the State’s resources, emphasizing a gradual and progressive implementation.
Important Cases and Commissions Related to Article 41
Cases:
- Unni Krishnan vs. State of Andhra Pradesh (1993): This landmark case expanded the interpretation of the right to education, eventually leading to the enactment of the Right to Education Act, 2009.
- Paschim Banga Khet Mazdoor Samity vs. State of West Bengal (1996): Highlighted the State’s obligation to provide adequate medical services and facilities, aligning with the broader objectives of Article 41.
Commissions:
- National Commission on Labour (1969): Recommended policies to enhance employment opportunities, aligning with the right to work under Article 41.
- Second Administrative Reforms Commission (2005-2009): Addressed various aspects of social security and public assistance, emphasizing the need for effective implementation of Article 41.
Important Reports Related to Article 41
- Sachar Committee Report (2006): Investigated the social, economic, and educational status of Muslims in India and recommended measures to improve their conditions, resonating with the objectives of Article 41.
- National Commission for Enterprises in the Unorganised Sector (NCEUS) Report (2007): Suggested comprehensive social security schemes for unorganized sector workers, supporting the right to public assistance in cases of unemployment and sickness.
Previous Year Prelims Questions Related to Article 41
- Prelims 2016: Which of the following are included in the Directive Principles of State Policy?
- (i) Prohibition of trafficking in human beings and forced labour
- (ii) Prohibition of consumption except for medicinal purposes of intoxicating drinks and of other drugs which are injurious to health
- (iii) Protection of monuments and places and objects of national importance
- (iv) Provision for early childhood care and education to children below the age of six years
- (v) Right to work, to education, and to public assistance in certain cases
- Select the correct answer using the code given below:
- A. (i), (ii) and (iii) only
- B. (ii), (iii) and (iv) only
- C. (iv) and (v) only
- D. (i), (ii), (iii), (iv) and (v)
- Prelims 2020: With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct?
- 1. They shall be enforceable by courts.
- 2. They shall not be enforceable by any court.
- 3. The principles laid down in this part are to influence the making of laws by the State.
- Select the correct answer using the code given below:
- A. 1 and 2 only
- B. 2 and 3 only
- C. 1 and 3 only
- D. 1, 2 and 3
Previous Year Mains Questions Related to Article 41
- Mains 2017: “The Directive Principles of State Policy, although non-justiciable in nature, are fundamental in the governance of the country.” Discuss with reference to Article 41.
- Mains 2015: Examine the significance of Article 41 of the Indian Constitution in ensuring social justice in the country.
Additional Insights:
- Policy Implementation: While Article 41 sets out important social goals, its practical implementation often faces challenges due to limited state resources. Policies like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and the Right to Education Act are steps towards realizing the ideals of Article 41.
- Social Welfare Schemes: Various social welfare schemes initiated by the government aim to fulfill the objectives of Article 41, providing support to vulnerable sections of society in alignment with the directive principles.
By understanding Article 41, UPSC aspirants can gain insights into the constitutional directives aimed at promoting social welfare and ensuring the right to work, education, and public assistance. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the role of Directive Principles in shaping state policies.