Maarg Manthan · Topic 7.2

Socialistic Principles (Articles 38, 39, 43, 43A, 43B)

Indian Polity › Directive Principles of State Policy (DPSP) · Topic 7.2

The socialistic Directive Principles, such as Articles 38, 39, 39A, 41, 42, 43 and 43A, direct the State towards social and economic justice, livelihood, fair wages, legal aid and workers’ welfare, framing a democratic socialist welfare State.

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Socialistic Principles (Articles 38, 39, 43, 43A, 43B) - Indian Polity - MaargX UPSC Maarg Manthan

At a Glance

  • What it is The Directive Principles that reflect socialism and aim at social and economic justice and a welfare state
  • Main Articles Articles 38, 39, 39A, 41, 42, 43 and 43A (and 47 on nutrition and public health)
  • Added later 39(f) and 39A and 43A by the 42nd Amendment (1976); 38(2) by the 44th (1978)
  • Aim To lay down the framework of a democratic socialist State
  • Exam link UPSC Prelims, Polity: Directive Principles

Where Does It Fit?

This is the second topic of the category on Directive Principles. The Constitution does not classify them, but on the basis of content and direction they fall into three broad categories: socialistic, Gandhian and liberal-intellectual. This topic covers the socialistic group.

What Do the Socialistic Principles Direct?

These principles reflect the ideology of socialism. They lay down the framework of a democratic socialist State, aim at providing social and economic justice and set the path towards a welfare state.

Article Directs the State to
38 Promote the welfare of the people by securing a social order permeated by justice, social, economic and political, and minimise inequalities in income, status, facilities and opportunities (the second aspect was added by the 44th Amendment, 1978)
39 Secure (a) adequate means of livelihood for all citizens; (b) equitable distribution of material resources for the common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and children against forcible abuse; (f) opportunities for healthy development of children and protection of childhood and youth against exploitation and abandonment (the first aspect of (f) added by the 42nd Amendment, 1976)
39A Promote equal justice and provide free legal aid to the poor (added by the 42nd Amendment, 1976)
41 Secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement
42 Make provision for just and humane conditions of work and maternity relief
43 Secure a living wage, a decent standard of life and social and cultural opportunities for all workers
43A Take steps to secure the participation of workers in the management of industries (added by the 42nd Amendment, 1976)
47 Raise the level of nutrition and the standard of living and improve public health

Living Wage, Minimum Wage and Fair Wage

A ‘living wage’ is different from a ‘minimum wage’, which includes only the bare needs of life like food, shelter and clothing. In addition to these, a living wage includes education, health and insurance. A ‘fair wage’ is a mean between the living wage and the minimum wage.

Article 43B, on the promotion of co-operative societies (added by the 97th Amendment Act of 2011), appears in the index under this group, but the standard classification places it with the Gandhian principles, where it is explained.

How Have the Socialistic Principles Been Implemented?

  • The Planning Commission was set up in 1950 for planned development and the Five Year Plans aimed at socio-economic justice. In 2015 it was replaced by NITI Aayog.
  • Labour laws were enacted: the Minimum Wages Act (1948), Payment of Wages Act (1936), Payment of Bonus Act (1965), Contract Labour Regulation and Abolition Act (1970), Bonded Labour System Abolition Act (1976), Trade Unions Act (1926), Factories Act (1948), Mines Act (1952), Industrial Disputes Act (1947) and others.
  • The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) protect women workers.
  • To use resources for the common good, life insurance was nationalised in 1956, fourteen leading commercial banks in 1969 and general insurance in 1971, and Privy Purses were abolished in 1971.
  • The Legal Services Authorities Act (1987) established a nation-wide network for free legal aid and lok adalats, which are statutory forums for conciliatory settlement whose awards are final and binding.
  • Programmes for the standard of living include the Community Development Programme (1952), Integrated Rural Development Programme (1978), Jawahar Rozgar Yojana (1989) and the National Rural Employment Guarantee Programme (2006). Primary health centres and special programmes to eradicate diseases serve public health.

Why Is This Topic Important?

  • Heart of welfare state These Articles carry the economic and social agenda of the Constitution
  • Amendment facts 42nd and 44th Amendment additions are frequently asked
  • Link to Article 31C Article 39(b) and (c) are the directives given priority over Articles 14 and 19

What Came Next?

The next topic covers the Gandhian principles.

Key People and Terms

  • Socialistic principles Directives that reflect democratic socialism
  • Living wage A wage that covers food, shelter, clothing, education, health and insurance
  • Minimum wage A wage covering only bare needs
  • Free legal aid Legal help for the poor under Article 39A
  • Lok adalat A statutory forum for conciliatory settlement

Exam Corner

Points to Remember

  • Article 39A and 43A were added by the 42nd Amendment, 1976.
  • Article 38(2) on minimising inequalities was added by the 44th Amendment, 1978.
  • Article 39(b) and (c): material resources and concentration of wealth.
  • Article 41: work, education and public assistance.

Do Not Confuse With

  • Living wage and minimum wage The living wage includes education, health and insurance; the minimum wage covers bare needs
  • Article 39 and Article 39A Article 39A is about equal justice and free legal aid
  • Article 41 and Article 43 Article 41 is the right to work and assistance; Article 43 is the living wage

Memory Hook

Thirty-eight to forty-three, plus forty-seven: justice, livelihood, fair work and health for all.

Mains Angle

Questions on this topic usually ask how the socialistic principles have been implemented. Use these points to add depth.

  • Social and economic justice Articles 38 and 39 set the broad goals
  • Workers’ welfare Articles 41 to 43A with the labour laws
  • Legal aid Article 39A and the Legal Services Authorities Act, 1987
  • Resources for common good Nationalisation of banks and insurance and abolition of Privy Purses

A Question You May Face

An original practice question, not a past paper question.

“Examine how the socialistic Directive Principles have been given effect through laws and programmes.”

How to Answer

  1. Introduction Part IV and the socialistic group.
  2. Principles Articles 38, 39, 39A, 41 to 43A.
  3. Implementation Labour laws, legal aid, nationalisation and rural programmes.
  4. Conclusion Progress and limits.

GS Relevance

Prelims: Indian Polity, Directive Principles. GS Paper 2: Welfare schemes and social justice.

Frequently Asked Questions

What are the socialistic Directive Principles?

They are the directives that reflect socialism, such as Articles 38, 39, 39A, 41, 42, 43, 43A and 47. They lay down the framework of a democratic socialist State and aim at social and economic justice and a welfare state.

What does Article 39 direct the State to secure?

Adequate means of livelihood, equitable distribution of material resources, prevention of concentration of wealth, equal pay for equal work for men and women, protection of workers and children from abuse, and healthy development of children.

Which Directive Principles were added by the 42nd Amendment Act?

The 42nd Amendment Act of 1976 added four new directives: healthy development of children (Article 39), equal justice and free legal aid (Article 39A), workers’ participation in management (Article 43A) and protection of the environment (Article 48A).

What is the difference between a living wage and a minimum wage?

A minimum wage covers the bare needs of life such as food, shelter and clothing. A living wage also includes education, health and insurance. A fair wage is a mean between the two, so the three terms form a ladder of wage standards.

Which law gives effect to Article 39A?

The Legal Services Authorities Act, 1987 established a nation-wide network to provide free and competent legal aid to the poor and organise lok adalats, whose awards are final and binding on the parties. Lok adalat is a statutory forum with the status of a civil court.

Which Amendment added the aim of minimising inequalities to Article 38?

The 44th Amendment Act of 1978 added the second aspect of Article 38, which requires the State to minimise inequalities in income, status, facilities and opportunities. The first part of Article 38 concerns securing a social order permeated by justice.

PYQ Practice — Statement Analysis

1 Article 39A on free legal aid was added by the 42nd Amendment Act, 1976.
True

It requires equal justice and free legal aid for the poor.

2 Article 43A deals with the participation of workers in the management of industries.
True

It was added in 1976.

3 A fair wage is the same as a minimum wage.
False

It is a mean between the living wage and the minimum wage.

4 Article 41 secures the right to work, education and public assistance.
True

In cases of unemployment, old age, sickness and disablement.

5 The Planning Commission was replaced by NITI Aayog in 1950.
False

The Planning Commission was established in 1950 and replaced in 2015.

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