Distributive Justice under the Directive Principles

Distributive justice means arranging society so that resources, opportunities and the benefits of development are shared fairly, rather than concentrated among a few. Under Articles 38 and 39, it requires the State to promote social and economic justice, reduce inequalities and protect access to livelihoods, fair remuneration and conditions necessary for a dignified life.

Constitutional status and purpose

Articles 38 and 39 form part of the Directive Principles of State Policy in Part IV of the Constitution. They guide the State towards a social order in which economic arrangements serve public welfare.

• Under Article 37, these principles are not enforceable by any court, but they are fundamental in the governance of the country, and the State must apply them when making laws.
• They provide constitutional direction for welfare legislation and public policy, rather than an independently enforceable individual entitlement to a particular distribution of resources.

Article 38: Welfare and reduction of inequalities

Article 38(1) directs the State to promote people's welfare by securing and protecting a social order in which social, economic and political justice informs all institutions of national life.

• Article 38(2) requires the State to strive to minimise inequalities in income.
• It also requires the State to endeavour to eliminate inequalities in status, facilities and opportunities, both among individuals and among groups residing in different areas or engaged in different vocations.

Article 39: Principles governing economic and social policy

Article 39 gives more specific directions for shaping livelihoods, ownership, work and child welfare.

• Clause (a) requires policy towards securing an equal right to adequate means of livelihood for all citizens, men and women alike.
• Clause (b) directs that ownership and control of the community's material resources be distributed to best serve the common good.
• Clause (c) seeks to prevent the economic system from concentrating wealth and means of production to the common detriment.
• Clause (d) directs the State to secure equal pay for equal work for both men and women.
• Clause (e) protects workers' health and strength and children's tender age from abuse, and seeks to prevent economic necessity from forcing citizens into work unsuited to their age or strength.
• Clause (f) requires opportunities and facilities for children's healthy development in freedom and dignity, and protection of childhood and youth against exploitation and moral and material abandonment.