Actual Article
Article 39: Certain principles of policy to be followed by the State
The State shall, in particular, direct its policy towards securing—
(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 and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
UPSC Notes for Article 39
- Directive Principles of State Policy: Article 39 is part of the Directive Principles of State Policy (DPSPs), which serve as guidelines for the central and state governments to frame policies aimed at establishing a just society.
- Focus on Welfare: The provisions under Article 39 emphasize the welfare of citizens, aiming to ensure equal opportunities and prevent exploitation.
Detailed Breakdown of Article 39
- Adequate Means of Livelihood (39(a)):
- Ensures that every citizen, irrespective of gender, has the right to sufficient means to sustain a livelihood.
- Focuses on employment generation and economic opportunities for all.
- Distribution of Resources (39(b)):
- Aims to ensure that the material resources of the community are distributed to serve the common good.
- Prevents monopolization and promotes equitable distribution of resources.
- Avoiding Concentration of Wealth (39(c)):
- Ensures that the economic system does not lead to wealth concentration.
- Encourages policies that prevent economic disparity and promote fair distribution of wealth and resources.
- Equal Pay for Equal Work (39(d)):
- Mandates equal remuneration for men and women for similar work.
- Promotes gender equality in the workplace.
- Protection of Workers and Children (39(e)):
- Safeguards the health and strength of workers and children.
- Prevents exploitation and ensures that work conditions are suitable for all ages and strengths.
- Development of Children (39(f)):
- Ensures that children have access to opportunities for healthy development in an environment of freedom and dignity.
- Protects children from exploitation and moral and material neglect.
Important Cases Related to Article 39
- Unni Krishnan, J.P. v. State of Andhra Pradesh (1993): The Supreme Court held that the right to education up to the age of 14 years is a fundamental right, reinforcing the principles of Article 39(f).
- M.C. Mehta v. State of Tamil Nadu (1996): This case highlighted the protection of children from hazardous employment, in line with Article 39(e) and (f).
- Chandra Bhavan Boarding and Lodging v. State of Mysore (1970): The Supreme Court upheld the principle of equal pay for equal work, as envisaged in Article 39(d).
Important Reports Related to Article 39
- Second Administrative Reforms Commission Report (2009): Recommended various measures to ensure equitable distribution of resources and prevent the concentration of wealth, in line with the objectives of Article 39.
- National Commission for Enterprises in the Unorganised Sector (NCEUS) Reports: Focused on improving the livelihood conditions of workers in the unorganized sector, ensuring they have adequate means of livelihood as per Article 39(a).
Additional Insights
- Economic and Social Justice: Article 39 is instrumental in promoting economic and social justice, ensuring that the benefits of economic development are shared equitably among all sections of society.
- Legislative Measures: Several legislative measures, such as the Minimum Wages Act, Equal Remuneration Act, and various child labor laws, have been enacted to give effect to the principles outlined in Article 39.
- Policy Framework: Article 39 provides a broad policy framework for the State to formulate laws and policies aimed at achieving a just and equitable society, preventing exploitation, and ensuring the welfare of all citizens.
Previous Year Prelims Questions Related to Article 39
- UPSC Prelims 2017: Which of the following statements is correct regarding Directive Principles of State Policy?
- (a) They are justiciable in nature.
- (b) They aim to establish political democracy in the country.
- (c) They are fundamental in the governance of the country.
- (d) They provide legal rights to the citizens. Answer: (c) They are fundamental in the governance of the country.
- UPSC Prelims 2020: Consider the following statements:
- (1) Article 39 provides for equal pay for equal work for both men and women.
- (2) Article 39 requires the State to secure a social order for the promotion of welfare of the people. 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 39
- UPSC Mains 2018: Discuss the significance of Article 39 in promoting social and economic democracy in India. How do the provisions under this article contribute to the welfare of the people? (15 marks)
- UPSC Mains 2019: Analyze the role of Directive Principles of State Policy, particularly Article 39, in shaping the policies and laws aimed at achieving social justice and economic equality. Provide examples to illustrate your answer. (10 marks)
By thoroughly understanding Article 39, including its provisions, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can gain a comprehensive insight into how the Directive Principles of State Policy guide the State in promoting social and economic justice, ensuring equitable distribution of resources, and protecting the welfare of all citizens.