Article 38 of Indian Constitution - Detailed Analysis
IMPORTANT LINKS
Part 4 of the Indian Constitution
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Overview |
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Name of the Article |
Article 38 - State to secure a social order for the promotion of welfare of the people |
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Part of the Constitutional Article |
Part IV |
Article 38 of the Indian Constitution highlights the responsibility of the State to establish a social order promoting social, political and economic justice. It is based on socialist principles. Article 38 aims to reduce inequalities and ensure equal opportunities for all citizens irrespective of income, status or background. The 44th Amendment Act, 1978 broadened the scope of Article 38.
Interpretation of Article 38 of Indian Constitution
Article 38(1) provides that the State must strive to promote the welfare of the people by securing a social order in which social, economic, and political justice is integrated into all institutions of national life. This provision directs the State to embed justice within the functioning of every institution in society.
Article 38(2) states that the State is charged to minimise inequalities in income and eliminate disparities in status, facilities and opportunities. This is applicable not only to individuals but also to groups of people based on their geographical location or occupation. The objective is to ensure equitable distribution of resources and opportunities to encourage a fair and just society.
Judicial Pronouncements related to Article 38 of Indian Constitution
In Air India Statutory Corporation vs United Labour Union (1997) the Supreme Court analysed the concept of social justice under Article 38. The Court found that social justice covers diverse principles that are important for the growth and development of every citizen’s personality. It highlighted that social justice should guide the state’s policies and actions to ensure a harmonious and just society.
Conclusion
Article 38 plays an important role in directing the State to not only secure justice in various forms but also to work toward the reduction of disparities and promote the welfare of the people. It also lays down the foundation for a fairer society where citizens have equal access to resources and opportunities irrespective of their background.
FAQs about Article 38 of Indian Constitution
What is the objective of Article 38 of Indian Constitution?
Article 38 aims to establish a social order that promotes social, political and economic justice and promotes equal opportunities for all citizens irrespective of their income, status or background.
How does Article 38 promote social justice?
Article 38 directs the State to reduce inequalities in income, status and opportunities and work towards the equitable distribution of resources.
What is the significance of Article 38(1)?
Article 38(1) directs that the State promotes the welfare of the people by securing a social order where social, economic and political justice.
How has the 44th Amendment Act, 1978 impacted Article 38?
The 44th Amendment Act, 1978 broadened the scope of Article 38 and enhanced the focus on promoting social justice and welfare of the people.