Article 38 of the Costitution of India with Case law
Here is a detailed explanation of Article 38 of the Constitution of India, including relevant case laws:
🇮🇳 Article 38 – State to secure a social order for the promotion of the welfare of the people
🔹 Text of Article 38
Article 38(1):
The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice—social, economic and political—shall inform all the institutions of the national life.
Article 38(2):
The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
🔹 Nature of Article 38
It is part of the Directive Principles of State Policy (DPSP) – not enforceable by courts but fundamental to governance.
Emphasizes social justice, economic equality, and reduction of disparities.
It empowers the State to frame laws and policies that work toward a welfare state.
🔹 Objectives of Article 38
Establish a just social order.
Ensure equal opportunities and reduce income disparities.
Promote regional equality (urban-rural balance).
Encourage equity in access to facilities (education, health, employment).
⚖️ Important Case Laws Related to Article 38
âś… State of Kerala v. N.M. Thomas
Citation: AIR 1976 SC 490
Issue: Validity of reservation and promotion in public employment for backward classes.
Held: The Supreme Court upheld that affirmative actions like reservations are consistent with Article 38 as they aim to achieve social and economic justice.
Importance: DPSPs, including Article 38, can be used to interpret and expand the scope of Fundamental Rights.
âś… Minerva Mills Ltd. v. Union of India
Citation: AIR 1980 SC 1789
Held: Emphasized that the Directive Principles (including Article 38) are equally important as Fundamental Rights and the State should strive to create a balance.
Importance: Article 38 was invoked to uphold the idea that economic justice is vital for the functioning of democracy.
âś… Air India Statutory Corporation v. United Labour Union
Citation: AIR 1997 SC 645
Facts: Workers claimed that contract workers should be absorbed by the principal employer.
Held: The Court relied on Article 38 to say that the Constitution aims to promote the dignity of the individual and provide economic security.
Importance: Article 38 was used to justify pro-labour interpretations of law.
âś… Keshavananda Bharati v. State of Kerala
Citation: AIR 1973 SC 1461
Importance: Article 38 was cited to assert the role of social justice as part of the basic structure of the Constitution.
🔹 Practical Application of Article 38
Policies influenced by Article 38 include:
Reservation policies for SC/ST/OBCs.
MGNREGA for rural employment.
Public distribution systems (PDS) and food subsidies.
Rural health missions and housing schemes.
Equal opportunity commissions.
🔹 Comparison with Related DPSPs
| Article | Focus |
|---|---|
| Article 38 | Social, economic, and political justice; reduce inequalities |
| Article 39 | Principles of economic justice (livelihood, equal pay, resource distribution) |
| Article 41 | Right to work, education, public assistance |
| Article 46 | Promotion of educational and economic interests of SC/ST and weaker sections |
🔹 Conclusion
Article 38 is crucial for shaping India's welfare policies.
Though not justiciable, it guides the judiciary and legislature in interpreting laws to serve social justice.
It reflects the spirit of the Preamble—Justice: social, economic, and political.
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