Actual Article
Article 38: State to secure a social order for the promotion of the welfare of the people
- The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic, and political, shall inform all the institutions of the national life.
- The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities, and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
UPSC Notes for Article 38
- Objective: Article 38 emphasizes the State’s responsibility to establish a social order characterized by justice – social, economic, and political.
- Broad Mandate: The article provides a broad mandate for the State to promote the welfare of the people through various means, ensuring that justice permeates all aspects of national life.
- Minimization of Inequalities: Clause 2, added by the 44th Amendment Act of 1978, specifically directs the State to minimize income inequalities and eliminate disparities in status, facilities, and opportunities among individuals and groups.
Important Aspects of Article 38
- Welfare State: Article 38 lays the foundation for the creation of a welfare state, focusing on the holistic development of society.
- Social Justice: The article stresses the importance of social justice, ensuring that all citizens have access to basic needs and opportunities.
- Economic Justice: It highlights the need for economic justice by advocating for the reduction of income inequalities and ensuring equitable distribution of wealth.
- Political Justice: By promoting political justice, the article ensures that all citizens have a fair opportunity to participate in the political process.
Implementation and Challenges
- Policy Formulation: Governments have implemented various policies and schemes aimed at reducing inequalities and promoting social justice, such as reservations for socially and economically backward classes, affirmative action, and welfare schemes like the Public Distribution System (PDS) and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).
- Economic Reforms: Economic reforms and poverty alleviation programs have been critical in addressing income inequalities.
- Challenges: Despite these efforts, challenges remain in effectively reducing disparities due to factors like corruption, bureaucratic inefficiency, and socio-economic complexities.
Important Cases Related to Article 38
- Kesavananda Bharati v. State of Kerala (1973): The Supreme Court upheld the importance of Directive Principles, including Article 38, as fundamental to the governance of the country and essential for achieving the objectives of the Constitution.
- Minerva Mills Ltd. v. Union of India (1980): This case reaffirmed the balance between Fundamental Rights and Directive Principles, emphasizing that the latter are crucial for the governance and socio-economic development of the country.
Important Reports Related to Article 38
- Second Administrative Reforms Commission Report (2009): The report emphasized the need for inclusive growth and recommended measures to ensure effective implementation of policies aimed at reducing inequalities and promoting social justice.
- National Commission for Enterprises in the Unorganized Sector (NCEUS) Reports: These reports highlighted the conditions of workers in the unorganized sector and recommended policies for their welfare and economic upliftment, in line with the objectives of Article 38.
Additional Insights
- Inclusive Growth: Article 38 supports the concept of inclusive growth, ensuring that economic development benefits all sections of society.
- Sustainable Development Goals (SDGs): The principles of Article 38 align with the SDGs, particularly goals related to poverty reduction, reduced inequalities, and promoting social justice.
- Role of Judiciary: The judiciary has played a significant role in interpreting Article 38, ensuring that state policies are aligned with the directive principles to promote a just social order.
Previous Year Prelims Questions Related to Article 38
- UPSC Prelims 2017: Which of the following Directive Principles of State Policy has been added by the 44th Amendment Act?
- (a) Article 37
- (b) Article 38(2)
- (c) Article 39
- (d) Article 40 Answer: (b) Article 38(2)
- UPSC Prelims 2018: Consider the following statements about Article 38:
- (1) It aims to promote the welfare of the people by ensuring social, economic, and political justice.
- (2) It directs the State to minimize income inequalities. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2 Answer: (c) Both 1 and 2
Previous Year Mains Questions Related to Article 38
- UPSC Mains 2016: Discuss how Article 38 of the Indian Constitution aims to achieve social and economic justice. Provide examples of policies and programs implemented to fulfill this objective. (15 marks)
- UPSC Mains 2018: Analyze the role of Directive Principles of State Policy in promoting social and economic justice in India. How has Article 38 influenced policy-making in this regard? (10 marks)
By thoroughly understanding Article 38, including its provisions, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can gain a comprehensive insight into the role of the State in promoting a just and equitable social order, essential for the holistic development of the nation.