Actual Article
Article 42: Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work and for maternity relief.
UPSC Notes for Article 42
Explanation:
- Directive Principle: Article 42 is part of the Directive Principles of State Policy (DPSPs) under Part IV of the Indian Constitution. It directs the State to ensure just and humane conditions of work and provide maternity relief.
- Guidance for Legislation: Although not enforceable by courts, Article 42 serves as a guideline for the State to formulate laws and policies aimed at improving labor conditions and supporting maternity benefits.
Key Points:
- Just and Humane Work Conditions: The State is obligated to ensure that work environments are fair, safe, and conducive to the well-being of workers. This includes regulating working hours, providing safe working environments, and preventing exploitation.
- Maternity Relief: Mandates the State to provide maternity benefits to working women, ensuring their health and economic security during and after pregnancy.
Important Cases and Commissions Related to Article 42
Cases:
- M.C. Mehta vs. State of Tamil Nadu (1996): The Supreme Court directed the implementation of measures to prevent child labor and improve working conditions, reinforcing the objectives of Article 42.
- Vishakha vs. State of Rajasthan (1997): The Court laid down guidelines to prevent sexual harassment at the workplace, emphasizing the need for a safe and humane work environment, in line with Article 42.
Commissions:
- National Commission on Labour (1969): Examined labor conditions and made recommendations for improving work environments, supporting the objectives of Article 42.
- Second National Commission on Labour (2002): Reviewed existing labor laws and suggested reforms to ensure just and humane working conditions.
Important Reports Related to Article 42
- National Policy for Women (2016): Outlined measures to enhance women’s safety and provide maternity benefits, aligning with Article 42’s mandate for maternity relief.
- Report of the Committee on Amendments to Labor Laws (2002): Recommended changes to labor laws to improve working conditions and ensure fair treatment of workers, supporting the principles of Article 42.
Previous Year Prelims Questions Related to Article 42
- Prelims 2019: Which of the following provisions of the Constitution of India have a bearing on the equality of women?
- Article 14
- Article 15
- Article 16
- Article 39(a)
- Article 42
- Select the correct answer using the code given below:
- A. 1 and 2 only
- B. 2, 3 and 4 only
- C. 1, 3, 4 and 5 only
- D. All of the above
- Prelims 2021: With reference to the Constitution of India, consider the following statements:
- Article 42 is part of the Directive Principles of State Policy.
- Article 42 is enforceable by the courts of law.
- Select the correct answer using the code given below:
- A. 1 only
- B. 2 only
- C. Both 1 and 2
- D. Neither 1 nor 2
Previous Year Mains Questions Related to Article 42
- Mains 2016: “The Directive Principles of State Policy are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.” Discuss this statement in the context of Article 42.
- Mains 2013: Examine the significance of the Directive Principles of State Policy, especially focusing on Article 42, in ensuring social justice and the welfare of the working class in India.
Additional Insights:
- Labor Laws and Policies: Article 42 has influenced various labor laws and policies in India, such as the Factories Act, 1948, which regulates working conditions, and the Maternity Benefit Act, 1961, which provides maternity leave and benefits.
- Social Welfare Initiatives: The implementation of schemes like Pradhan Mantri Matru Vandana Yojana (PMMVY) provides financial support to pregnant and lactating women, reflecting the State’s commitment to the principles of Article 42.
By understanding Article 42, UPSC aspirants can gain insights into the constitutional directives aimed at promoting just work conditions and maternity relief. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the role of Directive Principles in shaping state policies for social welfare and labor rights.