ARTICLE 38

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Article 38 of the Indian Constitution places a strong emphasis on the state’s obligation to make sure that all of its institutions work to build a just and equitable society. The article advocates for justice in all of its manifestations, including social justice to address inequality and advance inclusion, economic justice to guarantee a fair allocation of resources and income, and political justice to uphold democratic ideals and equitable access to the political process.

Article 38 calls on the State to implement policies and take aggressive steps to address challenges like poverty, unemployment, and other socioeconomic inequities in order to improve the general welfare and well-being of its population. The government strives to establish an environment where every person has the chance to enjoy a dignified and meaningful life by abiding by the ideals described in Article 38.

What does Article 38 states ?

 State to secure a social order for the promotion of welfare of the people

  • (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 minimize the inequalities in income, and endeavor 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.
Key aspects of Article 38
  1. Social order for welfare :- Establishing a social structure that places a priority on people’s welfare and well-being is the main goal of Article 38. The fact that political and economic institutions must work with justice and fairness at their heart is acknowledged, not merely their creation.
  2. Justice in all spheres :- The necessity of justice in all of its social, economic, and political facets is emphasized in Article 38. It recognizes that only when justice and equality are present in all spheres of public life can real wellbeing be attained. This suggests removing exploitation, poverty, and inequality from society.
  3. Duties of the state :- The article puts the onus on the State to actively work towards promoting the welfare of its citizens, requiring the government to take effective measures to ensure social justice and protection from economic hardships, as well as adopt policies that bridge socio-economic gaps and uplift the marginalized segments of society.
  4. Non-Justiciable Directive Principle :- Directive Principles of State Policy, including Article 38, are not enforceable by courts, unlike Fundamental Rights. However, they act as a moral and ethical guidepost for the government in making policies and legislation.

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