Article 42 of Constitution of India
📜 Article 42 of the Constitution of India
1. Text of Article 42
Article 42 is part of Directive Principles of State Policy (DPSP) under Part IV of the Constitution. It states:
“Provision for just and humane conditions of work and maternity relief.”
2. What Does Article 42 Mean?
It directs the State to ensure:
Just and humane conditions of work for workers.
Maternity relief for women workers.
The article is a Directive Principle, so it’s not enforceable by courts but is fundamental in governance.
The goal is to promote social welfare and dignity of labor.
3. Components of Article 42
Just and humane conditions of work:
Ensuring fair wages, reasonable working hours, safe environment, and prohibition of exploitation.
Maternity relief:
Protection for women employees during pregnancy — leave, medical care, job security.
4. Relation to Other Laws
Article 42 inspired several labor laws, including:
The Maternity Benefit Act, 1961 (now replaced by Maternity Benefit (Amendment) Act, 2017).
Various laws regulating working conditions, hours, and welfare of workers.
5. Judicial Interpretation & Case Law
Case 1: Consumer Education and Research Centre v. Union of India (1995)
The Supreme Court linked Article 42 with the Right to Health and Right to Life (Article 21).
It held that just and humane working conditions are essential for the right to life with dignity.
Case 2: Miss Veena v. Union of India (1985)
The Court interpreted maternity relief as a fundamental right arising out of Article 42 and other provisions.
Directed the government to ensure maternity benefits and job security.
Case 3: M.C. Mehta v. Union of India (1987)
Although primarily an environmental case, the Supreme Court invoked Article 42 to stress on safe and humane working conditions, especially in hazardous industries.
6. Significance
Article 42 guides the legislature and executive to formulate laws protecting workers' rights and welfare.
It links with the right to life and dignity under Article 21, strengthening labor protections.
Influences policies on health, safety, social security, and women’s welfare.
7. Summary
| Aspect | Explanation |
|---|---|
| Article Type | Directive Principle of State Policy |
| Main Focus | Just and humane work conditions, maternity relief |
| Legal Status | Non-justiciable, but fundamental in governance |
| Impact on Legislation | Basis for labor laws, maternity benefit acts |
| Judicial Interpretation | Linked with Right to Life and dignity |
| Key Cases | Consumer Education v. Union of India (1995), Miss Veena (1985) |
RELATED Blog
0 comments