सं Samvidhan

The Constitution of India

Article 39

Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing—

(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Why this exists

Article 39 is part of the Directive Principles of State Policy, added by the Constitution's framers who were influenced by socialist and Gandhian ideals and the economic hardships of colonial India. After independence, leaders wanted the Constitution to not just guarantee political freedom but also push the State toward economic justice—fair distribution of wealth, protection of workers, and prevention of exploitative capitalism—even though these principles are not directly enforceable in court.

How courts read it

Courts have used Article 39, especially clauses (b) and (c), to justify land reform laws, nationalization of banks and mines, and restrictions on private property under the idea of distributing resources for the common good. In cases like State of Karnataka v. Ranganatha Reddy and Sanjeev Coke Manufacturing Co. v. Bharat Coking Coal, the Supreme Court held that 'material resources of the community' can include privately owned resources, not just state-owned ones. The Court has also read Article 39 together with Article 14 and Article 21 to support equal pay for equal work (as in Randhir Singh v. Union of India) and to strike down child labor and bonded labor practices, treating these Directive Principles as aids to interpreting fundamental rights even though they remain non-justiciable on their own.

Common misconceptions
  • Myth: Article 39 gives citizens a legal right to sue the government for a job or for equal pay.
    Fact: Article 39 is a Directive Principle, meaning it guides government policy but isn't directly enforceable in court by itself; courts often use it alongside enforceable Fundamental Rights like Article 14 or 21 to shape rulings.
  • Myth: 'Material resources of the community' only means government-owned property.
    Fact: The Supreme Court has interpreted this phrase broadly to include privately owned resources as well, when relevant to distribution for the common good.
Article 39 — Certain principles of policy to be followed by the State · Samvidhan