Article 39 – Indian Constitution [Explanation]

This article is a compilation of Article 39 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 39

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; 1[(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.] ———————– 1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. (f) (w.e.f. 3-1-1977).

🔍 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 39 ;

⚫ Article-34 – Indian Constitution

⚫ Article-35 – Indian Constitution

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| Article 39 – Certain principles of policy to be followed by the State

Article 39 discusses some of the principles of policy to be followed by the state. There are 6 sections under it. Let us understand it one by one;

Article 39 clause (a)

The State shall direct its policy in such a manner that all citizens, men and women equally, have the right to an adequate means of livelihood;

The right to an adequate means of livelihood is a fundamental right guaranteed by the Indian Constitution. This right is guaranteed to all citizens of India, regardless of gender.

Government of India has many schemes to provide adequate means of livelihood for both men and women. Following are some of the major schemes and laws: ◾ Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA): This Act guarantees 100 days of employment per year to adult members of any rural household who are willing to do unskilled manual work. ◾ Pradhan Mantri Awas Yojana (PMAY): The objective of this scheme is to provide affordable housing to the people living below the poverty line. ◾ Pradhan Mantri Jan-Dhan Yojana (PMJDY): The scheme aims to provide financial inclusion for all, which includes access to basic banking services like savings accounts and insurance. Pradhan Mantri Fasal Bima Yojana (PMFBY): The objective of this scheme is to provide crop insurance to the farmers in case of crop failure. ◾ National Food Security Act (NFSA): The objective of this act is to provide subsidized food grains to the people living below the poverty line. ◾ National Rural Livelihoods Mission (NRLM): The mission aims to provide livelihood support to rural households, especially women and disadvantaged communities. ◾ Skill India Mission: The objective of this mission is to provide skill development and vocational training to people, especially in rural areas, to increase their employability. ◾ Pradhan Mantri Matru Vandana Yojana (PMMVY): The objective of this scheme is to provide financial assistance to pregnant and lactating women for the first birth. These are some of the schemes and laws that exist in India to provide adequate means of livelihood for both men and women. However, the implementation of these schemes and laws varies from state to state and districts, and continuous efforts are being made to improve the reach and effectiveness of these schemes and laws.

Article 39 clause (b)

The State shall conduct its policy in such a manner that the ownership and control of the material resources of the community is so distributed as to best serve the collective good.

Here material resource means both raw material and capital instrument. All private and public resources come under this to meet agricultural resources, forest and physical needs.

The object of this clause is to induce the State to enact such a law as to distribute the ownership and control of the material resources of the community in a just manner. Under this the following legislations can be made;

(1) To nationalize such material resources of the community as are held by individuals and it is necessary to distribute them in the public interest.

The primary goal of nationalization in India is to ensure that essential goods and services are provided to the public at affordable prices, as well as to promote greater social and economic equality. The process of nationalization starts in India only after independence, such as nationalization of Air India in 1953, nationalization of Life Insurance Corporation of India in 1956 etc. One of the most notable examples of nationalization was the nationalization of major commercial banks of the country in 1969. The move was aimed at providing greater access to financial services for the poorer sections of the society and promoting economic growth. Another example is the nationalization of coal mines in 1971, which was aimed at increasing efficiency and improving working conditions in the coal industry. Similarly, The Oil and Natural Gas Corporation (ONGC) and Oil India Limited (OIL) were also nationalized in the 1970s. In recent years, there have been calls for privatization of some nationalized industries, particularly in the banking and coal sectors, as a way of increasing efficiency and reducing the burden on government finances. However, the government has only considered disinvestment in PSUs and not complete privatization.

Remember that the management of “sick industry” and allied subjects also come under this. The case of Minerva Mills is a good example of this.

Nationalization has been a controversial issue in India, with its opponents believing that it has led to increased inefficiency and bureaucracy in nationalized industries, while others argue that it has helped promote greater social and economic equality.

(2) Depriving a person of the ownership or control of property that he is using to evade tax or conceal his income.

(3) Formulation of law keeping in mind the agrarian reform.

Agrarian reform in India refers to the efforts made by the government to improve the economic and social conditions of farmers and rural landless labourers. This includes measures such as land redistribution, land ceiling laws and tenancy reforms. Land redistribution refers to the transfer of land from large landowners to small and marginal farmers. Land ceiling laws limit the amount of land that an individual or entity can own. Tenancy reform refers to measures aimed at improving the rights and security of tenant farmers. Agrarian reform has been a controversial issue in India and has been implemented in various forms and at different times since India’s independence in 1947. One of the major agrarian reform laws in India is the Land Reforms Act of 1951 , which was enacted to redistribute land and implement land ceiling measures . The Act limited the amount of land that an individual or entity could own, and provided for the redistribution of surplus land to small and marginal farmers and landless labourers. Another important agrarian reform law in India is the Tenancy Act of 1951, which aims to improve the rights and protections of tenant farmers. The Act made provision for regulation of rent, security of tenancy and rights of tenants, and also provided for the abolition of middlemen and landlords. There are also other laws that have been passed at the state level and they differ from state to state. In recent years, the Government of India has also launched several initiatives such as Pradhan Mantri Fasal Bima Yojana, Pradhan Mantri Krishi Sinchayee Yojana, Pradhan Mantri Kisan Samman Nidhi and e-National Agriculture Market (e-NAM) to provide financial and technical support to farmers. farmers, and to improve the functioning of agricultural markets in India.

Article 39 clause (c)

The state will conduct its policy in such a way that the economic system runs in such a way that there is no harmful concentration of money and means of production for the general public.

This provision is an extension of clause (b). Under this, acts like concealment of assets and accumulation of black money can be included.

Black money refers to income or property that is acquired illegally and is not reported to the government for tax purposes. In India, the term “black money” is often used to refer to illegal accumulation of wealth in the country. To deal with the problem of black money, India has enacted several laws and regulations over time. Some of the major ones are as follows; ◾ The Income Tax Act, 1961 provides for taxation of income earned in India and abroad. The Act also includes provisions for detection and prosecution of tax evasion and tax fraud. ◾ The Foreign Exchange Management Act (FEMA) 1999 is another important law related to black money, which regulates foreign exchange transactions in India. The Act provides for prevention of money laundering, detection of foreign exchange violations and imposition of penalties for non-compliance. ◾ The Financial Intelligence Unit (FIU), Government of India has also been set up under the Ministry of Finance to analyze and disseminate information related to suspicious financial transactions and to help detect and prevent money laundering and other financial crimes. ◾ The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act 2015, passed by the Government of India in 2016, targets unaccounted money held by Indians outside India. It was also passed to combat the circulation of black money in the country. Additionally, the Government of India also introduced demonetization in 2016, aimed at curbing the circulation of black money by discontinuing circulation of certain denominations of currency notes.

Article 39 clause (d)

The State shall conduct its policy in such a way that both men and women get equal pay for equal work.

The provision of equal pay for equal work is also applicable to temporary employees, provided that their duties are the same.

Equal pay for equal work refers to providing equal pay to persons doing equal work, regardless of their gender, race or other characteristics. Apart from constitutional protection, India also has several laws and regulations aimed at ensuring equal pay for equal work. For example, the Equal Remuneration Act of 1976 prohibits discrimination on the basis of sex in the matter of payment of remuneration to male and female workers for the same work or work of a similar nature. However, despite the enforcement of laws and regulations, equal pay for equal work remains a major challenge in India.

Article 39 clause (e)

The State shall direct its policy in such a manner 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 employment unsuited to their age or strength. Don’t be

Abuse of health and strength of male and female workers

The abuse of health and strength of male and female workers, also known as forced labor or human trafficking , is a serious violation of human rights and is prohibited by several laws in India and international conventions. Some of the major laws and policies aimed at ending the abuse of health and power of workers in India include: ◾ Bonded Labor System (Abolition) Act 1976: This Act prohibits the practice of bonded labour, where a person is Or forced to work for a certain period of time to repay the loan. ◾ Immoral Traffic (Prevention) Act 1956 : This act prohibits human trafficking for the purpose of prostitution and prostitution. ◾ Transplantation of Human Organs Act 1994: This act regulates the removal, storage and transplantation of human organs to prevent abuse of health and power of workers. Read Article 23 for more on this topic ;

child abuse
As far as the matter of misusing the tender age of children is concerned, there are constitutional provisions as well as several laws and schemes available such as the Child Labor (Prohibition and Regulation) Act 1986 , Protection of Children from Sexual Offenses (POCSO) Act 2012,  Right to Education Act 2009 etc. Read Article 24 for more on this topic ;

Article 39 Clause (f)

The State shall conduct its policy in such a manner that children are provided with opportunities and facilities for healthy development in an environment of freedom and dignity and that children and young persons are protected against exploitation and against moral and material abandonment.

Under this section will come all the legislation which is for the protection of children and for the development of their personality or for the reform work related to juvenile delinquents.

In India, several laws and schemes exist to protect the rights of children and promote their development and well-being. Some of the key laws and schemes include: ◾ Juvenile Justice (Care and Protection of Children) Act 2015 : This Act provides for the care, protection, treatment, development and rehabilitation of children in need of care and protection. ◾ Right to Education Act 2009 : This act makes education a fundamental right for children in the age group of 6 to 14 years and mandates the state to provide free and compulsory education to all children in the age group. ◾ Integrated Child Development Services (ICDS) Scheme: The objective of the scheme is to improve the health, nutrition and education of children in the age group of 0-6 years as well as pregnant and lactating mothers. ◾ National Nutrition Mission (Poshan Abhiyaan) : The scheme aims to improve the nutritional status of children, pregnant women and lactating mothers in the country. ◾ Pradhan Mantri Matru Vandana Yojana (PMMVY) : The scheme aims to provide a cash incentive of Rs. 5000 to pregnant women and lactating mothers who undergo institutional delivery and register the birth of their child. ◾ Protection of Children from Sexual Offenses (POCSO) Act 2012 : This Act provides protection to children from sexual exploitation and abuse. These laws and schemes aim at protecting children from abuse and exploitation, ensuring their education and promoting their overall development and well-being.

———–

closing remarks

Article 39 of the Indian Constitution sets out the Directive Principles of State Policy, which are considered fundamental in the governance of the country and are non-judicial in nature.

These principles aim at ensuring social and economic justice and welfare of the people of India. Under this article we have understood six subsections in detail.

It is important to note that these principles are non-judicial, meaning they cannot be enforced by the courts. However, they serve as guidelines for the government and legislature to follow while formulating laws and policies.

We have seen that many laws and schemes have been brought keeping this in mind. The government and the legislature must do more to ensure the implementation of these principles for social and economic justice and welfare of the people.

So overall this is Article 39, I hope you have understood. To understand other article, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 39A ⚫ अनुच्छेद 38	⚫ Article 39A ⚫ Article 38

⚫ 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.