Article 39 of Indian Constitution: Principles of policy followed by State

Article 39 of Indian Constitution is an important part of the Directive Principles of State Policy (DPSP) under Part IV of the Constitution. Article 39 was inserted to guide the State in formulating policies for a just and equitable society. It aims to secure social and economic justice for all citizens of the country. The provisions of Article 39 deals with the distribution of resources, economic equity and protection of workers and children. The objective of the article is to create a welfare state and ensure that the actions of the State promote fairness and safeguard the rights of the vulnerable groups. Explore other important Constitutional Articles.

Article 39 of Indian Constitution

Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing--

1. that the citizens, men and women equally, have the right to an adequate means to livelihood
2. that the ownership and control of the material resources of the community are so distributed as best to sub serve the common good
3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment
4. that there is equal pay for equal work for both men and women
5. 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
6. 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.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 39 of Indian Constitution articulates several key principles to be followed by the State. Article 39 consists of six sub-clauses which are as follows-

• Adequate Means of Livelihood (Article 39 a): Article 39 a of Indian Constitution mandates that the State must ensure that all citizens regardless of sex have equal access to sufficient means of livelihood.
• Distribution of Resources (Article 39 b & c): According to Article 39 b of Indian Constitution, the State is required to distribute resources and ownership of materials in a manner that serves the common good and prevents the concentration of wealth.

Article 39 c of Indian Constitution deals with economic equity. It aims to prevent the concentration of wealth and means of production to avoid adverse impacts on the society.

• Equal Pay for Equal Work (Article 39 (d)): According to Article 39 d of Indian Constitution, the State must promote and ensure equal remuneration for men and women performing the same work.
• Protection of Workers (Article 39 e and f): Clause (e) states that the workers irrespective of age or gender should not be exploited and their employment conditions should not be detrimental to their health. 

Article 39 f of Indian Constitution deals with the child welfare, the State must provide children with opportunities to develop in a healthy environment, protecting them from exploitation and abandonment. Article 39 f of Indian Constitution was substituted through the 42nd Constitutional Amendment Act, 1976 to expand the scope of the article.

Download 5 Key take aways on Article 39 of Indian Constitution PDF

Article 39 of Indian Constitution Landmark Judgements

The Courts have clarified the scope and application of Article 39 of Constitution in various judgements which are as follows-

• Kesavananda Bharati vs State of Kerala (1973)

The Supreme Court in Kesavananda Bharati vs State of Kerala (1973) emphasized that the development in any field must respect individual dignity and reinforcing the need for societal development that aligns with the principles outlined in Article 39 of Indian Constitution.

• State of Bihar vs Kameshwar Singh (1952)

The Supreme Court in State of Bihar vs Kameshwar Singh (1952) held that the legislation aimed at redistributing wealth and promoting an egalitarian society was consistent with the provision of Article 39 of the Indian Constitution clauses (b) and (c).

• Randhir Singh vs Union of India (1982) & Jeet Singh vs MCD (1986)

The case of Randhir Singh vs Union of India (1982) & Jeet Singh vs MCD is one of the landmark judgments which relied on Article 39 d of Indian Constitution to deal with disparities in pay scales and to emphasize equal remuneration for equal work.

• Jagadish Prasad vs MCD (1993)

The Supreme Court in Jagdish Prasad vs MCD held that housing provisions cannot be mandated uniformly across establishments based solely on social welfare grounds as mentioned in Article 39 of the Indian Constitution.

• T.N. vs L. Abu Kavur Bai (1983) & Jilubhai Nanbhai Khachar vs State of Gujarat (1994)

The decisions in T.N. vs L. Abu Kavur Bai (1983) & Jilubhai Nanbhai Khachar vs State of Gujarat (1994) affirmed that material resources as provided under Article 39 of Indian Constitution encompass both movable and immovable assets including land and buildings.

• Central Inland Water Transport Corporation Limited and Others vs. Brojo Nath Ganguly and Others

In this case the majority of the shares of the appellant company were owned by the Union of India (the second respondent) whereas the remaining shares were held by the States of West Bengal and Assam. The right to adequate means of livelihood as provided under Article 39 of Indian Constitution cannot be protected if a person’s source of income is taken away arbitrarily. A company cannot claim to uphold the right to work by offering employment and then dismissing the employee without any valid reason.

• Minerva Mills v Union of India (1980)

The Supreme Court highlighted importance of maintaining balance between Fundamental Rights and Directive Principles. It stated that the state's pursuit of economic and social justice under Article 39 of Indian Constitution must align with the protection of individual rights.

• M C Mehta v Union of India (1987)

The Supreme Court highlighted the relevance of Article 39 e of Indian Constitution in ensuring worker safety and environmental protection. It ordered industries to implement measures for safeguarding the health and well-being of their workers. The Court bolstered the connection between Article 39 of Indian Constitution and labor rights.

• People Union for Democratic Rights v Union of India (1982)

The case played an important role in acknowledging exploitation of labor especially issues related to minimum wage violations and child labor. The Court invoked Article 39 e and f of Indian Constitution to affirm the government’s duty to protect the rights of workers and children.

Article 39 of Indian Constitution establishes essential principles for creating a just society by focusing on equitable resource distribution, fair pay and protection of vulnerable groups like workers and children. It sets strong foundation for social and economic justice.