Directive Principles and the Welfare State

A welfare state accepts responsibility for securing minimum conditions of dignity, equality and social security for its people. In India, the Directive Principles of State Policy guide the State to transform welfare from discretionary assistance into laws, institutions and entitlements, although the principles are not directly enforceable by courts.

Constitutional framework

The Directive Principles in Part IV provide the governing framework for social and economic welfare. Under Article 37, they are fundamental in governance, and the State must apply them in making laws, despite their non-justiciability.

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

Livelihood, social security and dignified work

• 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 39A requires equal justice and free legal aid so that economic or other disabilities do not deny access to justice.
• Articles 41 and 42 support the rights to work, education and public assistance within the State's economic capacity, along with humane work conditions and maternity relief.
• Article 43 directs the State to secure a living wage and a decent standard of life for workers.

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.

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