What is Article 238 of Indian Constitution – Defination & Meaning
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
📚 UPSC Relevant
Article 39 of the Indian Constitution sets out principles that the State must follow in its policies. This article emphasizes that both men and women should have equal rights to earn a decent living. It requires the government to create policies that ensure everyone has access to jobs that provide enough income to support their families. This provision affects all citizens, as it promotes economic security and stability in society. Another key aspect of Article 39 is its focus on how material resources are owned and controlled. The article mandates that these resources should be distributed in a way that benefits the community as a whole. This means that the government should take steps to prevent a small group of people from monopolizing wealth and resources, which can lead to social and economic disparities. By ensuring a fair distribution of resources, the State can promote a balanced economy that serves the needs of all citizens, not just a privileged few. Also, Article 39 places great importance on the rights of workers and children. It mandates equal pay for equal work, ensuring that both men and women receive fair wages. It also emphasizes the need to protect children from being forced into labor that could harm their physical and mental health. The article encourages the government to provide opportunities for children to grow in safe, nurturing environments, thus safeguarding their rights and well-being. By focusing on these areas, Article 39 contributes to building a just society where everyone has the chance to thrive.
Article 39 was included in the Constitution when it was adopted in 1950, as part of the Directive Principles of State Policy. During the Constituent Assembly debates, members emphasized the need for social and economic justice, which this article embodies. It reflects the vision of the framers to create a society where every citizen has access to a decent standard of living and equal opportunities. The article has remained unchanged since its inception, underscoring its enduring significance. Landmark Supreme Court cases, such as Olga Tellis v. Bombay Municipal Corporation (1985), interpreted the right to livelihood as a fundamental right under Article 21, reinforcing the article’s importance in protecting citizens’ rights.
Consider the following statements regarding Article 39 of the Indian Constitution: 1. It mandates equal pay for equal work irrespective of gender. 2. It directs the State to prevent the concentration of wealth among a few individuals. 3. The article provides for the right to a healthy environment. Which of the above statements are correct? A) 1 and 2 only B) 1 and 3 only C) 2 and 3 only D) 1, 2, and 3. Analyze the implications of these statements and choose the correct option.
The correct answer is A) 1 and 2 only. Statements 1 and 2 accurately reflect the principles outlined in Article 39 by promoting gender equality and preventing wealth concentration. However, statement 3 is incorrect as Article 39 does not explicitly address environmental rights, which are covered under other provisions.
Article 39 aims to guide the State in formulating policies that ensure livelihood rights for all citizens. It emphasizes the fair distribution of resources, preventing wealth concentration, and protecting vulnerable groups. This article helps create a more equitable society where economic opportunities are accessible to everyone, promoting overall social justice.
Article 39 emphasizes equal pay for equal work, ensuring women receive fair wages in the workforce. It mandates that women should not face discrimination in employment opportunities, promoting gender equality across various sectors. This provision is necessary for empowering women, enhancing their economic independence, and fostering a more inclusive society.
Article 39 protects children from being forced into harmful labor that can affect their health and development. It mandates that the State should provide opportunities for children to grow in safe and nurturing environments. This ensures that children are not exploited and can enjoy their rights to education and a healthy upbringing, contributing to their overall development.
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 236: Interpretation In this Chapter— (a) the expression “district judge” includes judge of a city civil court, additional district judge, joint
Article 237: Application of the provisions of this Chapter to certain class or classes of magistrates The Governor may by public notification direct that the
Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made
Article 235: Control over subordinate courts The control over district courts and courts subordinate thereto including the posting and promotion of, and the
Article 233: Appointment of district judges (1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by
Article 233A: Validation of appointments of, and judgments, etc., delivered by, certain district judges Notwithstanding any judgment, decree or order of any
Article 231: Establishment of a common High Court for two or more States (1) Notwithstanding anything contained in the preceding provisions of this Chapter,
Omitted by the Constitution 7 th Amendment Act, 1956.
Article 229: Officers and servants and the expenses of High Courts (1) Appointments of officers and servants of a High Court shall be made by the Chief
Article 230: Extension of jurisdiction of High Courts to Union territories (1) Parliament may by law extend the jurisdiction of a High Court to, or exclude
Article 227: Power of superintendence over all courts by the High Court (1) Every High Court shall have superintendence over all courts and tribunals
Article 228: Transfer of certain cases to High Court If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial
Article 225: Jurisdiction of existing High Courts Subject to the provisions of this Constitution and to the provisions of any law of the appropriate
Article 226: Power of High Courts to issue certain writs (1) Notwithstanding anything in article 32, every High Court shall have power, throughout the
Article 224A: Appointment of retired Judges at sittings of High Courts Notwithstanding anything in this Chapter, the National Judicial Appointments Commission
Article 224: Appointment of additional and acting Judges (1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of
Article 222: Transfer of a Judge from one High Court to another (1) The President may transfer a Judge from one High Court to any other High Court. (2) When a
Article 223: Appointment of acting Chief Justice When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of
Article 220: Restriction on practice after being a permanent Judge No person who, after the commencement of this Constitution, has held office as a permanent
Article 221: Salaries, etc., of Judges (1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and,
Article 218: Application of certain provisions relating to Supreme Court to High Courts The provisions of clauses (4) and (5) of article 124 shall apply in
Article 219: Oath or affirmation by Judges of High Courts Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make
Article 216: Constitution of High Courts Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem
Article 217: Appointment and conditions of the office of a Judge of a High Court (1) Every Judge of a High Court shall be appointed by the President by
Article 214: High Courts for States There shall be a High Court for each State.
Article 215: High Courts to be courts of record Every High Court shall be a court of record and shall have all the powers of such a court including the power
Article 212: Courts not to inquire into proceedings of the Legislature (1) The validity of any proceedings in the Legislature of a State shall not be called
Article 213: Power of Governor to promulgate Ordinances during recess of Legislature (1) If at any time, except when the Legislative Assembly of a State is in
Article 210: Language to be used in the Legislature (1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the
Article 211: Restriction on discussion in the Legislature No discussion shall take place in the Legislature of a State with respect to the conduct of any
Article 209: Regulation by law of procedure in the Legislature of the State in relation to financial business The Legislature of a State may, for the purpose
Article 208: Rules of procedure (1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its
Article 206: Votes on account, votes of credit and exceptional grants (1) Notwithstanding anything in the foregoing provisions of this Chapter, the
Article 207: Special provisions as to financial Bills (1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f)of
Article 204: Appropriation (1) As soon as may be after the grants under article 203 have been made by the Assembly, there shall be introduced a Bill to
Article 205: Supplementary, additional or excess grants (1) The Governor shall— (a) if the amount authorised by any law made in accordance with the provisions
Article 202: Annual financial statement (1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the
Article 203: Procedure in Legislature with respect to estimates (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a
Article 200: Assent to Bills When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has
Article 201: Bills reserved for consideration When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either
Article 198: Special procedure in respect of Money Bills (1) A Money Bill shall not be introduced in a Legislative Council. (2) After a Money Bill has been
Article 199: Definition of “Money Bills” (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions
Article 196: Provisions as to introduction and passing of Bills (1) Subject to the provisions of articles 198 and 207 with respect to Money Bills and other
Article 197: Restriction on powers of Legislative Council as to Bills other than Money Bills (1) If after a Bill has been passed by the Legislative Assembly
Article 194: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof (1) Subject to the provisions of this
Article 195: Salaries and allowances of members Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such
Article 193: Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified If a person sits or
Article 192: Decision on questions as to disqualifications of members (1) If any question arises as to whether a member of a House of the Legislature of a
Article 190: Vacation of seats (1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of