Directive Principles and the Welfare State

A welfare state accepts responsibility for securing minimum conditions of dignity, equality and social security. In India, the Directive Principles of State Policy guide the State in translating these goals into laws, institutions and entitlements. They are fundamental to governance but are not directly enforceable by courts.

Constitutional framework

The Directive Principles in Part IV establish the constitutional framework for social and economic welfare. Under Article 37, they are non-justiciable, but are fundamental in the governance of the country, and the State must apply them in making laws.

• Article 38 directs the State to promote a social order informed by justice and to minimise inequalities in income, status, facilities and opportunities.

Right to work and workers' welfare

Under Article 41, the State shall, within the limits of its economic capacity and development, make effective provision for securing the rights to work and education, and public assistance in specified situations. Thus, the right to work is a Directive Principle, not an independently enforceable Fundamental Right; its realisation depends on State policy, resources and legislation.

• Article 41 covers public assistance in cases of unemployment, old age, sickness, disablement and other undeserved want.
• Article 39 seeks adequate means of livelihood, distribution of material resources for the common good, prevention of wealth concentration, equal pay, and protection of workers and children.
• Article 42 requires just and humane conditions of work and maternity relief.
• Article 43 directs the State to secure a living wage and a decent standard of life for workers.
• Article 39A requires equal justice and free legal aid so that economic or other disabilities do not deny access to justice.

Human development and vulnerable sections

• Article 39(f) requires conditions for children's healthy development in freedom and dignity, and protection against exploitation and abandonment.
• Article 45 directs the State to provide early childhood care and education for children below six years.
• Article 46 requires special promotion of the educational and economic interests of weaker sections, particularly Scheduled Castes and Scheduled Tribes, and protection from exploitation.
• Article 47 makes improvement of nutrition, living standards and public health primary duties of the State.