Updated: 18 September 2026
Articles 38 and 39 of the Constitution of India
Articles 38 and 39 form part of the Directive Principles of State Policy in Part IV of the Constitution of India. They guide the State in promoting a social order based on justice and in framing policy concerning livelihood, community resources, concentration of wealth, equal pay, workers and children.
Meaning and constitutional position
Article 38 directs the State to promote the welfare of the people by securing a social order informed by social, economic and political justice and to reduce inequalities. Article 39 identifies specific policy objectives that the State should pursue, including adequate means of livelihood, distribution of material resources for the common good, prevention of concentration of wealth, equal pay for equal work, protection of workers and protection of children.
Article 38 - State to secure a social order for the promotion of welfare of the people
Article 38(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 national life.
Article 38(2): The State shall, in particular, strive to minimise inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not only among individuals but also among groups of people residing in different areas or engaged in different vocations.
In practical terms, Article 38 expresses the constitutional objective of a just social order. Clause (2) specifically extends the concern with inequality beyond individuals to groups differentiated by area or vocation.
Article 39 - Certain principles of policy to be followed by the State
Article 39 directs the State, in particular, to frame its policy towards securing the following principles:
Article 39(a): Citizens, men and women equally, should have the right to an adequate means of livelihood.
Article 39(b): Ownership and control of the material resources of the community should be distributed so as best to subserve the common good.
Article 39(c): The economic system should not operate so as to result in concentration of wealth and means of production to the common detriment.
Article 39(d): There should be equal pay for equal work for both men and women.
Article 39(e): The health and strength of workers, men and women, and the tender age of children should not be abused, and citizens should not be forced by economic necessity to enter avocations unsuited to their age or strength.
Article 39(f): Children should be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and childhood and youth should be protected against exploitation and against moral and material abandonment.
Legal effect of Articles 38 and 39
Articles 38 and 39 are Directive Principles rather than directly enforceable Fundamental Rights. Article 37 nevertheless declares the principles in Part IV to be fundamental in the governance of the country and places a duty on the State to apply them in making laws. They therefore provide constitutional guidance for legislation, public policy and interpretation in areas concerning social and economic justice.
Articles 38 and 39 should be read with the wider scheme of Part IV, including Articles 36 and 37 on the definition and application of Directive Principles and Articles 39A and 40 on equal justice, free legal aid and village panchayats.
Official Constitution source
For the authoritative text and amendments, consult the Constitution of India published by the Legislative Department, Ministry of Law and Justice, Government of India.