Article 38: Constitution of India 

Article 38: Constitution of India 

Previous

Click for Index

Next

Article 38: State to Secure a Social Order for the Promotion of Welfare of the People

⚖️ Bare Act Text

(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.

📜 Footnotes

1. Clause (2) was inserted by the 44th Constitutional Amendment Act.
2. Article 38 lays the foundation of the welfare state concept in India.
3. It emphasizes social, economic, and political justice.
4. Aims to reduce inequality among individuals and groups.

🧾 Simple Explanation

Article 38 directs the State to:

• Build a society based on justice and equality
• Reduce income inequalities
• Ensure equal opportunities across regions and professions

It focuses on creating a fair and balanced society.

📌 Key Features

• Promotes welfare of people
• Focus on justice in all spheres
• Targets economic and social inequality
• Applies to both individuals and groups
• Core principle of Directive Principles

⚖️ Important Case Laws

1. Kesavananda Bharati v. State of Kerala

• Recognized importance of Directive Principles in governance

2. Minerva Mills v. Union of India

• Emphasized harmony between Fundamental Rights and Directive Principles

🧠 Illustrations

• Government introducing welfare schemes → ✔️ In line with Article 38
• Policies reducing income inequality → ✔️ Valid
• Unequal distribution of resources across regions → ❌ Against spirit
• Laws promoting social justice → ✔️ Supported

📚 Practical Notes

• Article 38 is a broad guiding principle
• Forms basis for social welfare legislation
• Linked with Articles 39–43 (specific DPSPs)
• Important for policy-making and economic reforms
• Frequently asked in UPSC, Judiciary exams

❓ FAQs

Q. Is Article 38 enforceable in court?
❌ No — Directive Principle

Q. What kind of justice does it promote?
✔️ Social, economic, and political

Q. Does it focus only on individuals?
❌ No — also on groups and regions

Q. Why is it important?
To build a welfare-oriented society

💬 Comments / Legal Insight

Article 38 is the cornerstone of India’s welfare state philosophy.
It sets the overall vision that:

• Governance must aim at reducing inequality and ensuring justice

The Supreme Court of India has often relied on this Article to:

• Interpret laws in favor of social justice

It reflects the constitutional goal:
👉 From political democracy to socio-economic equality

Article 38: Constitution of India 

Previous

Click for Index

Next