Article 38 – Indian Constitution [Explanation]

This article is a compilation of Article 38 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📖 Read This Article in Hindi

📜 Article 38

38. State to secure a social order for the promotion of welfare of the people.—1[(1)] 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. 2[(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour 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.] ——————- 1. Art. 38 renumbered as cl. (1) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 9 (w.e.f. 20-6-1979). 2. Ins. by s. 9, ibid. (w.e.f. 20-6-1979).

🔍 Explanation

The literal meaning of the Directive Principles of State Policy (DPSP) is the elements that guide the policy of the state.

When  the constitution  was framed, the people had  no experience of ruling in a democratic state and making laws in the interest of the country. Especially for the states that were about to take over after a long colonial period.

As we know that   it is not mandatory for politicians in our country to be educated . In such a situation, a guide becomes necessary so that the policy makers always know which way to go.

◾ It was not that DPSP was a new idea but   it was already working in Ireland and we took it from there.

◾ The Directive Principles of State Policy (DPSP) are the guidelines for making laws and policies for the welfare and development of the citizens. These are included in Part IV of the Indian Constitution.

These principles are non-enforceable, meaning they are not enforceable by the courts, however, are considered fundamental in the governance of the country and must be taken into account by the government while formulating laws and policies.

Overall, policy-directive elements are those elements of democratic and constitutional development whose objective is to establish a public-welfare state.

Classification of DPSP — Below you can see the classification of Directive Principles. This will make it easier for you to understand why the articles you are reading have been included in the DPSP and for what purposes it has been targeted.

Principles	Articles
Socialist	⚫ Article 38 ⚫ Article 39 ⚫ Article 39A ⚫ Article 41 ⚫ Article 42 ⚫ Article 43 ⚫ Article 43A ⚫ Article 47
Gandhian	⚫ Article 40 ⚫ Article 43 ⚫ Article 43B ⚫ Article 46 ⚫ Article 48
Liberal intellectual	⚫ Article 44 ⚫ Article 45 ⚫ Article 48 ⚫ Article 48A ⚫ Article 49 ⚫ Article 50 ⚫ Article 51

Apart from this, the directive elements can also be seen by dividing them into the following groups;

Welfare State Article 38 (1 and 2), Article 39 (B and C), Article 39A, Article 41, Article 42, Article 43, Article 43A and Article 47 are kept in the Policy Directive Principles of this group.

Equality of Dignity & Opportunity Articles 40, 41, 44, 45, 46, 47, 48 and 50 are kept in the policy directive elements of this group.

individual ‘s rights Articles 39A, 41, 42, 43, 45 and 47 are kept in the Policy Directive Principles of this group.

Article 36 to Article 51 comes under Part 4 of the Constitution. In this article we are going to understand Article 38 ;

⚫ Article-34 – Indian Constitution

⚫ Article-35 – Indian Constitution

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| Article 38 – The State shall create a social system for the promotion of public welfare

Article 38 directs the State to make social arrangements for the promotion of public welfare. This article has two sections.

| Article 38 clause (1) Under this section, the state will try to promote such a social system , which can ensure social, economic and political justice.

We can see that mainly three types of justice have been tried to be ensured in this section –social, Economic And political justice।

⚫ Social Justice Social justice, in the Indian context, refers to fair and equal treatment of all members of society, regardless of their social, economic or political status.

This includes issues such as poverty, education, health care, discrimination and access to resources. Many steps have been taken by the Government of India and the Indian society to establish social justice in India, which you can see below;

The Indian Constitution guarantees certain rights and protections to disadvantaged groups such as Dalits, Adivasis and minorities.

The government has implemented various policies and programs such as the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) and the National Food Security Act (NFSA) with the aim of reducing poverty and promoting economic growth.

The government has also made arrangements for reservation for marginalized groups in education and government jobs to ensure their participation in decision making and power sharing.

◾ Judiciary plays an important role in protecting the rights of disadvantaged groups and interpreting laws and policies that promote social justice.

Civil society organizations and activists have also worked to raise awareness and advocate for the rights of disadvantaged groups.

Some progressive social movements in India have played an important role in establishing social justice such as land rights, gender rights and labor rights.

◾ Government has also launched many schemes for girl child education like “Beti Bachao, Beti Padhao”, and upliftment of marginalized community.

India’s development policies also focus on inclusive growth, which aims to ensure that the benefits of development reach all sections of society, especially those who are marginalised.

These are some of the major steps taken to establish social justice in India, however, it is a continuous process and a lot of work is still to be done.

⚫ Economic Justice Economic justice in the Indian context refers to the fair and equitable distribution of economic resources and opportunities among all members of society. This includes issues such as poverty, unemployment, access to credit, fair wages and equal opportunities for economic advancement.

Economic justice in India has been an important goal of government policies and programs aimed at reducing poverty, promoting economic growth, and creating a more equitable distribution of wealth.

Following are some of the steps taken by the Government of India and the Indian society to establish economic justice in India:

◾ The government has implemented various policies and programs aimed at reducing poverty and promoting economic growth, such as the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) and the National Food Security Act (NFSA), which provide financial assistance to the poor and vulnerable.

The government has launched several schemes and policies to promote the economic empowerment of disadvantaged groups such as Scheduled Castes and Scheduled Tribes, women and people living in rural areas.

◾ The Reserve Bank of India (RBI) has introduced policies to promote financial inclusion, which aims to ensure that all citizens have access to basic financial services. Pradhan Mantri Jan-Dhan Yojana is a form of this.

◾ The government has introduced policies to promote fair wages, good working conditions and social security for workers in the unorganized sector, which comprises a major portion of the workforce in India.

India’s development policies focus on inclusive growth, which aims to ensure that the benefits of development reach all sections of society, especially those who are marginalised.

◾ Government has launched schemes like “Make in India”, “Start-up India”, “Digital India” etc. to promote entrepreneurship and attract foreign investment.

◾ The government has also introduced labor reforms to improve the working conditions of workers and reduce informality in the labor market.

◾ Government has also introduced policies to boost agriculture sector and rural development to help farmers and rural population.

The government has also implemented policies to provide subsidies, tax benefits and low-interest loans to small businesses, women entrepreneurs and farmers.

◾ Many NGOs and social workers are working to provide education and training to the underprivileged groups to make them more employable.

These are some of the major steps taken to establish economic justice in India, however, it is a continuous process and there is still a lot of work to be done to ensure that all members of the society have equal economic opportunities and access to resources.

⚫ Political Justice Political justice in the Indian context refers to the fair and equal participation of all citizens, regardless of their social, economic or other status, in the political process and decision making.

This includes issues such as representation, voting rights, access to political power, and protection of civil liberties.Following are some of the steps taken by the Government of India and the society to establish political justice in India:

The Indian Constitution guarantees certain rights and protections to citizens, such as the right to vote, the right to freedom of speech and expression, and the right to form political parties.

The government, through the Election Commission of India, conducts free and fair elections to ensure that citizens have the opportunity to choose their representatives.

The government has implemented reservations for marginalized groups such as scheduled castes, scheduled tribes and other backward classes in legislative bodies, to ensure their representation and participation in decision-making.

To increase the representation of women in local bodies, the government has also introduced reservation for women in Panchayats and Municipal Corporations.

◾ Judiciary plays an important role in protecting the rights of marginalized groups and interpreting laws and policies that promote political justice.

Civil society organizations and activists have also worked to raise awareness and advocate for the rights of marginalized groups and to ensure their participation in the political process.

The government has also launched policies like the National Youth Policy to encourage political participation among the youth.

The government has also introduced policies such as the Right to Information Act and the Lokpal and Lokayuktas Act to promote transparency and accountability in the political process.

The government has also introduced policies to ensure fair and free media coverage during the election period and to prevent misuse of money and muscle power during elections.

These are some of the major steps taken to establish political justice in India, however, it is an ongoing process and there is still a lot of work to be done to ensure equal opportunity for all citizens to participate in the political process and decision making.

| Article 38 clause (2)— According to this clause, the State shall endeavor to reduce inequalities of income between individuals and between groups of people living in different areas and engaged in different occupations and shall endeavor to eliminate inequalities of status, facilities and opportunities .

In other words, it is an extension of Clause (1) and under it the State shall also endeavor to eliminate inequality of income, status, facilities and opportunities.

We have seen above under economic justice how efforts have been made to eliminate income inequality through various schemes and decisions.

Equality of opportunity is a fundamental right under Article 16 and several arrangements have been made to ensure it, such as reservation.

⚫Here are some examples of government schemes that have been implemented to promote economic empowerment of disadvantaged groups such as Scheduled Castes and Scheduled Tribes, women and people living in rural areas:

Scheduled Castes and Scheduled Tribes:Government has implemented several schemes like Scheduled Caste Sub Plan (SCSP) and Tribal Sub Plan (TSP) to promote economic empowerment of Scheduled Castes and Scheduled Tribes . These schemes provide financial assistance for education, skill development and entrepreneurship for the members of these communities.

Women: The government has implemented several schemes to promote the economic empowerment of women, such as the Pradhan Mantri Ujjwala Yojana, which provides LPG connections to poor women, and the Pradhan Mantri Mahila Shakti Kendra Yojana, which aims to empower women through community mobilization and capacity building. To empower rural women.

People living in rural areas: The government has implemented several schemes to promote the economic empowerment of people living in rural areas, such as the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA), which provides guaranteed days of employment in a year. , and Pradhan Mantri Fasal Bima Yojana, which provides crop insurance to farmers.

Prime Minister’s Employment Generation Program (PMEGP) which is a credit-linked subsidy program aimed at generating self-employment opportunities through setting up of micro-enterprises in the non-agriculture sector.

Pradhan Mantri Mudra Yojana (PMMY) which provides loans to small businesses and entrepreneurs.

Pradhan Mantri Jan Dhan Yojana (PMJDY) which aims to provide universal access to banking facilities.

Pradhan Mantri Awas Yojana (PMAY) which aims to provide affordable housing to all.

These are some examples of government schemes that have been implemented to promote economic empowerment of marginalized groups, however, there are many more schemes and policies that have been initiated by the government.

The objective of these schemes is to provide financial assistance and support to these groups to help them access education, skill development and entrepreneurial opportunities and improve their living conditions.

To implement these above provisions and for advice and suggestion,  NITI Aayog  was established in 2015, which replaced its predecessor Planning Commission.

So overall this is Article 38, I hope you have understood. To understand other article, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 39 ⚫ अनुच्छेद 37	⚫ Article 39 ⚫ Article 37

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.