Article 38 of the Constitution

Part IV of the Constitution lists goals for the government. Which one comes first, and sets the mood for the rest? It is Article 38. It asks the State to build a society where justice shapes every institution. It also asks it to shrink the gaps between rich and poor. You cannot take it to court. So why does it matter so much?

1What Does Article 38 Say?

• The State must strive to promote the welfare of the people.
• It does this by securing a social order in which justice is the guide.
• The justice is of three kinds: social, economic and political.
• That justice must inform all the institutions of national life.
• The same words appear in the Preamble, which promises justice to all citizens.
• It is a Directive Principle. It guides lawmakers, but courts do not enforce it directly.

2What Do the Two Clauses Add?

• Clause (1) is from 1950. It is the promise of a just social order.
• Clause (2) was added by the 44th Amendment in 1978. That is 28 years later.
• Clause (2) asks the State to minimise inequalities in income.
• It also asks it to work to end inequalities in status, facilities and opportunities.
• These gaps are to be cut among individuals.
• They are also to be cut among groups of people in different areas or vocations.
• The 42nd Amendment did not add clause (2). That is a common mix-up.

3How Does Article 38 Frame the Other Directive Principles?

• Article 38 is the umbrella. It states the broad goal.
• The next Articles are the tools.
• Article 39 lists principles such as adequate livelihood and equal pay for equal work.
• Article 43 speaks of a living wage for workers.
• Article 45 deals with early childhood care and education.
• Memory aid: 38 = goal. 39, 41 and 43 = tools.

4How Did Courts Treat Directive Principles Over Time?

• The story begins soon after the Constitution started. In 1951, the Supreme Court decided State of Madras v. Champakam Dorairajan.
• The Court said Directive Principles must run subordinate to Fundamental Rights.
• Parliament replied the same year with the First Amendment, to make room for social welfare laws.
• Over the next decades, the balance shifted. Courts began to say the two parts must work together.
• In 1973, Kesavananda Bharati gave the basic structure idea.
• In 1980, Minerva Mills held that harmony between Fundamental Rights and Directive Principles is part of the basic structure.
• So Article 38 is not enforceable on its own. But it helps courts read other rights and laws in a way that serves justice.

5What Do the Three Kinds of Justice Mean?

• Social justice: no one is held back because of birth, caste, gender or religion.
• Economic justice: no one is shut out of a fair living. Wealth and opportunity should not sit with a few.
• Political justice: every adult has an equal say, through the right to vote and to take part in public life.
• The Preamble uses the same three words. Article 38 turns that promise into a duty of the State.
• The promise covers every institution: courts, schools, offices and markets.

6What Should You Remember for Exams?

Must Know

• Article 38 is a Directive Principle.
• It aims at a social order with social, economic and political justice.

Good to Know

• Clause (2) was added by the 44th Amendment in 1978.
• It targets inequality in income, status, facilities and opportunities.

Great to Know

• It is not directly enforceable (Trap).
• It is the goal, not the tool (Trap).
• It was the 44th, not the 42nd, that added clause (2) (Trap).

7How Has This Been Asked in Exams?