Article 43 of the Constitution

A farm worker earns just enough to eat today. Is that a fair wage? Is it a decent life? The Constitution has a short answer in Article 43. It asks the State to work towards a living wage for every worker. It also asks the State to help small village industries. But you cannot sue on it. So how does this goal still shape the law?

1What Does Article 43 Say?

• The State shall endeavour to secure work for workers. Endeavour means try hard.
• It must also seek a living wage. This is pay that supports a decent family life.
• It must seek conditions of work that ensure a decent standard of life.
• Workers should also enjoy leisure and social and cultural opportunities.
• It covers agricultural, industrial and other workers. Farm workers are named in the text.
• The State may use suitable legislation, economic organisation or any other way.
• Last, it asks the State to promote cottage industries in rural areas, on an individual or co-operative basis.
• Picture a farm worker whose pay cannot feed a family. Article 43 tells lawmakers what better conditions to aim for.
• It is a Directive Principle in Part IV. Article 37 says courts do not enforce it directly.

2What Are Minimum, Fair and Living Wages?

• The story starts just before the Constitution. In 1948, Parliament passed the Minimum Wages Act. It set a legal floor for pay in listed jobs.
• The same year, a government Committee on Fair Wages was appointed. Its report came in 1949.
• The committee described three levels. These are policy ideas. They are not three payments an employer must make.
• Minimum wage: the lowest pay allowed by law. It covers basic needs and keeps the worker efficient.
• Fair wage: a level above the minimum. It also looks at what the employer can afford to pay.
• Living wage: the top level. It aims at a decent family life, with some comfort and safety for bad days.
• Article 43 points at the top step. The Minimum Wages Act only secured the bottom one.
• In 1957, the 15th Indian Labour Conference set norms for a need-based minimum wage. It counted three consumption units for a family. It set food at 2,700 calories per person.
• In 1992, the Supreme Court added a sixth norm in Reptakos Brett. It said another 25 per cent should cover children’s education, medical needs and recreation.

3Why Does Article 43 Mention Cottage Industries?

• A cottage industry is small craft work done at or near home. Weaving, pottery and basket-making are examples.
• People may work alone or in a co-operative. A co-operative is a group that owns and runs the work together.
• The idea fits Gandhi’s thinking. He saw village crafts like khadi as a way to give villagers steady work and pride.
• Parliament later passed the Khadi and Village Industries Commission Act, 1956. The Commission began work in 1957.
• Rural work matters because many villagers earn little from farming alone. Crafts add a second income.
• A 2011 amendment later added Article 43B. It asks the State to promote co-operative societies.

4What Happened in the Sanjit Roy Case?

• The setting: Rajasthan was hit by drought. The State ran famine relief works, such as building roads, so the poor could earn money.
• The problem: the workers were paid less than the legal minimum wage. The State said relief work was a favour, not a regular job.
• The case: the matter reached the Supreme Court as Sanjit Roy v. State of Rajasthan, decided in 1983.
• What the Court said: a starving person will accept any pay. Paying less than the minimum takes advantage of that need.
• The Court treated this as forced labour, which Article 23 forbids.
• What changed: relief workers had to receive at least the minimum wage. The State could not use famine as an excuse.
• Note what the Court did not do. It did not enforce Article 43 directly. It used a Fundamental Right to protect the wage floor.

5What Does Wage Law Say Today?

• The Code on Wages, 2019 merged four old laws. They included the Minimum Wages Act, 1948.
• Its main minimum-wage rules took effect on 21 November 2025.
• Earlier, minimum wage rules applied to listed jobs. Now they reach employees in all sectors, with some exclusions.
• The Code also took in the Equal Remuneration Act, 1976. So equal pay for men and women now sits in the same law.
• The government notifies minimum rates. An employer cannot pay a covered employee less.
• But a legal minimum is not the same as a living wage. The Code does not promise a family a decent life.
• So Article 43 remains a goal that lawmakers can still aim for.
• When you read a wage headline, ask one thing. Is it about the legal floor or about a living wage?

6How Is Article 43 Different From Article 43A?

• Article 43 is from 1950. It talks about work, living wage, decent conditions and cottage industries.
• Article 43A came from the 42nd Amendment. It was passed in 1976 and took effect on 3 January 1977.
• It asks the State to take steps to secure the participation of workers in the management of industries.
• The two Articles are neighbours, but their ideas are different. One is about pay. The other is about a voice at work.
• Exam tip: 43 = wage. 43A = workers in management. 43B = co-operatives.

7What Should You Remember for Exams?

Must Know

• Article 43 asks the State to seek a living wage, decent conditions and rural cottage industries.
• It is a Directive Principle.
• Article 43A (42nd Amendment) is about workers in management.

Good to Know

• The 1949 Fair Wages report gave three levels: minimum, fair and living.
• Sanjit Roy (1983) held that pay below the minimum wage is forced labour under Article 23.
• The Code on Wages took effect on 21 November 2025.

Great to Know

• Article 43 does not guarantee a court-enforceable wage (Trap).
• The 42nd Amendment added 43A, not the living-wage goal (Trap).
• A legal minimum wage is not a living wage (Trap).

8How Has This Been Asked in Exams?