Article 42 of the Costitution of India with Case law
Article 42 of the Constitution of India – Explained with Case Law
🔹 Text of Article 42 (Directive Principles of State Policy – Part IV)
“Provision for just and humane conditions of work and maternity relief”
The State shall make provision for securing just and humane conditions of work and for maternity relief.
🔹 Overview and Objective
Article 42 is a Directive Principle, which means it is not enforceable by courts but is fundamental in the governance of the country.
It reflects the constitutional vision of a welfare state, aiming to:
Ensure dignified and fair working conditions, especially for laborers and industrial workers.
Provide maternity relief to working women, recognizing both their physical health and the importance of childcare.
🔹 Implementation through Laws and Schemes
To implement Article 42, several laws and welfare schemes have been enacted, including:
Factories Act, 1948 – Provisions for health, safety, and welfare of workers.
Maternity Benefit Act, 1961 (amended in 2017) – Grants paid maternity leave to women employees.
Employees' State Insurance Act, 1948 – Provides maternity and medical benefits.
🔹 Important Case Laws on Article 42
✅ B. Shah v. Presiding Officer, Labour Court (AIR 1978 SC 12)
Facts: Issue related to whether Sundays should be included in maternity leave.
Held: The Supreme Court interpreted the Maternity Benefit Act liberally, holding that even Sundays (non-working days) must be included in the maternity leave period.
Relevance: The court referred to Article 42 to uphold the humane intent behind maternity benefits.
✅ Municipal Corporation of Delhi v. Female Workers (Muster Roll)
(2000) 3 SCC 224
Facts: Female daily wage workers claimed maternity benefits.
Held: The Supreme Court extended maternity benefits even to casual or daily wage female workers.
Significance: The Court relied on Article 42 to interpret the law in a socially just and humane manner, even though the law did not explicitly cover such workers.
Quote: “Just social order can be achieved only when inequalities are obliterated and everyone is provided what is legally due.”
✅ Air India v. Nargesh Meerza (AIR 1981 SC 1829)
Facts: Air hostesses were forced to retire on marriage/pregnancy.
Held: The policy was held arbitrary and unconstitutional.
Relevance: Though the case involved Article 14 (equality), the judgment emphasized the spirit of Article 42 in protecting women’s rights at work.
🔹 Modern Developments (Post-2017)
Maternity Benefit (Amendment) Act, 2017:
Increased paid maternity leave from 12 to 26 weeks.
Mandated creche facilities in establishments with 50+ employees.
Promotes the spirit of Article 42 in modern workplaces.
🔹 Conclusion
Article 42 promotes social justice and labor welfare.
While non-justiciable, it has guided the interpretation of labor laws and inspired progressive judgments.
It reinforces India's commitment to human dignity, gender justice, and a compassionate work environment.
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