Article 39 of the Costitution of India with Case law
🇮🇳 Article 39 of the Constitution of India – Directive Principles of State Policy
🔹 Text of Article 39 – Constitution of India:
The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
📘 Explanation:
Article 39 is a Directive Principle of State Policy (Part IV of the Constitution, Article 36–51). These are non-justiciable rights—they can't be enforced in court, but are fundamental in the governance of the country.
It aims to ensure:
Social justice
Economic welfare
Gender equality
Child protection
Reduction of inequalities in wealth and opportunities.
⚖️ Key Clauses with Case Law:
🔹 Article 39(a) – Right to Livelihood
📌 Case: Olga Tellis v. Bombay Municipal Corporation (AIR 1986 SC 180)
Facts: Eviction of pavement dwellers in Mumbai.
Held: The SC held that “right to livelihood” is part of the right to life under Article 21. Though Article 39(a) is non-justiciable, it reinforces this interpretation.
🔹 Article 39(b) – Distribution of Material Resources
📌 Case: State of Karnataka v. Shri Ranganatha Reddy (AIR 1977 SC 215)
The Court upheld laws enacted to distribute resources (like land reforms) more equitably.
It emphasized the “common good” principle.
📌 Case: Sanjeev Coke Mfg. Co. v. Bharat Coking Coal Ltd. (AIR 1983 SC 239)
Held: Article 39(b) was given a broad interpretation to include all material resources—natural and man-made.
🔹 Article 39(c) – Prevention of Concentration of Wealth
📌 Case: Pathumma v. State of Kerala (AIR 1978 SC 771)
The Court emphasized the need for land reforms to reduce concentration of land and promote equitable distribution.
🔹 Article 39(d) – Equal Pay for Equal Work
📌 Case: Randhir Singh v. Union of India (AIR 1982 SC 879)
The Court held "equal pay for equal work" as a constitutional goal derived from Article 39(d), enforceable through Article 14 (Right to Equality).
📌 Case: D.S. Nakara v. Union of India (AIR 1983 SC 130)
Invalidated pension rules that discriminated among retirees, citing Article 39(d) and principles of equality.
🔹 Article 39(e) – Protection from Exploitation
📌 Case: M.C. Mehta v. State of Tamil Nadu (AIR 1997 SC 699)
Concerned with child labour in hazardous industries. Upheld the intent of Article 39(e) and (f) to protect child health and dignity.
🔹 Article 39(f) – Protection and Development of Children
📌 Case: Gaurav Jain v. Union of India (AIR 1997 SC 3021)
The Court highlighted the right of children to be protected from exploitation, especially children of sex workers, in line with Article 39(f).
📌 Summary Table:
| Clause | Focus Area | Key Case |
|---|---|---|
| 39(a) | Right to livelihood | Olga Tellis |
| 39(b) | Resource distribution | Ranganatha Reddy, Sanjeev Coke |
| 39(c) | Against concentration of wealth | Pathumma v. State of Kerala |
| 39(d) | Equal pay for equal work | Randhir Singh, D.S. Nakara |
| 39(e) | Protection from economic abuse | M.C. Mehta (Child Labour) |
| 39(f) | Child development and protection | Gaurav Jain |
✅ Conclusion:
Article 39 outlines social and economic goals the State must strive for. Even though these principles are non-enforceable, the judiciary has often used them to expand the scope of Fundamental Rights, especially Article 21 (Right to Life) and Article 14 (Equality).
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