The Constitution of India
Article 38
State to secure a social order for the promotion of welfare of the people
(1)The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
Why this exists
Article 38 is part of the Directive Principles of State Policy, added by the Constitution's framers to ensure India would not just be politically free but also socially and economically just. Drawing on ideas from the freedom movement and global welfare-state thinking, it directs the state to actively work toward reducing inequality, rather than leaving people's fates to unregulated market forces or social hierarchy.
How courts read it
Courts have treated Article 38 as a guiding principle for interpreting other constitutional provisions, especially Article 14 (equality) and Article 21 (life and personal liberty). In cases like Minerva Mills v. Union of India, the Supreme Court emphasized harmony between Fundamental Rights and Directive Principles, including Article 38, to support laws aimed at economic justice. It has also been cited in cases dealing with land reform, minimum wages, and social welfare legislation to justify state intervention reducing inequality.
Common misconceptions
- Myth: Article 38 lets citizens sue the government directly to demand equal income for everyone.
Fact: Directive Principles like Article 38 are not enforceable in court by themselves; they guide government policy and help courts interpret other laws, but citizens cannot directly sue based on Article 38 alone. - Myth: Article 38 only talks about individual inequality.
Fact: The Article specifically also addresses inequalities among groups of people in different regions or occupations, not just individuals.