Article 42 of Constitution of India

The Constitution of India is not merely a legal document but a vision for a just and equitable society. Among its many provisions, the Directive Principles of State Policy (DPSP) guide the government towards social and economic welfare. Article 42, a part of these principles, directs the State to secure “just and humane conditions of work and for maternity relief.”

Though Article 42 is non-justiciable, it plays a crucial role in shaping labour welfare laws in India. This article explores the scope, purpose, judicial interpretations, and legislative enactments flowing from Article 42. The language used is simple, Indian English, avoiding bulky paragraphs for ease of understanding.

What are Directive Principles of State Policy?

Directive Principles of State Policy, contained in Part IV (Articles 36 to 51) of the Constitution, are guidelines for the government to promote the welfare of the people. They are fundamental in the governance of the country but are not enforceable by any court. The State is expected to keep these principles in mind while making laws and policies.

The DPSPs were inspired by the Irish Constitution and aim to establish a welfare state. They cover a wide range of social, economic, and political goals, including securing adequate livelihood, promoting health, education, and protecting workers’ rights.

Article 42 specifically falls under this category and deals with the working conditions of employees, particularly focusing on maternity relief.

Text and Interpretation of Article 42

Article 42 states:
“The State shall make provision for securing just and humane conditions of work and for maternity relief.”

Breaking this down:

• Just and Humane Conditions of Work: This implies that the State should ensure work environments where employees are not exploited, where safety and health standards are maintained, and working hours are reasonable.
• Maternity Relief: This highlights the need to protect women workers during pregnancy and childbirth, ensuring they receive adequate leave, job security, and medical care.

The article places a clear responsibility on the State to legislate and implement policies that safeguard these rights.

Nature of Article 42: Non-Enforceability but Guiding Force

One important characteristic of Article 42 is that it is non-justiciable. This means it is not legally enforceable in courts. The judiciary cannot compel the government to implement it directly. However, the article provides a moral and political obligation to the State to work towards these goals.

Despite this, courts often refer to Directive Principles, including Article 42, when interpreting laws concerning labour rights and welfare. They use it as a guiding tool to uphold workers’ interests and ensure social justice.

Historical Context and Purpose of Article 42

During the drafting of the Constitution, India was predominantly an agrarian economy with widespread poverty and illiteracy. Labour laws were minimal and workers often suffered from poor working conditions, long hours, and lack of social security.

Women, especially, faced discrimination. Pregnant women were vulnerable to losing jobs or were forced to work without adequate rest. Recognising this, the framers introduced Article 42 to:

• Promote fair, safe, and humane working conditions.
• Provide maternity relief so that women workers could take leave and receive protection during pregnancy and childbirth.

This was part of the broader vision of building a welfare State where economic and social justice complement political rights.

Legislative Response to Article 42

While Article 42 itself is a directive, the Indian State has enacted several laws to give effect to its provisions. The following acts are directly influenced by the principles of Article 42:

Maternity Benefit Act, 1961

This is the cornerstone legislation protecting the rights of women workers during maternity. Key features include:

• Applies to factories, mines, plantations, government establishments, and any establishment with 10 or more employees.
• Provides for paid maternity leave to women who have worked for at least 80 days in the previous 12 months.
• Originally allowed 12 weeks of maternity leave (6 weeks before and after delivery).
• Amendment in 2017 extended the leave period to 26 weeks for the first two children.
• Introduced provisions for work-from-home options and creche facilities.

This Act clearly reflects Article 42’s intent by securing maternity relief in a legal framework.

Factories Act, 1948

This Act seeks to regulate labour in factories to ensure health, safety, and welfare of workers. Relevant provisions include:

• Maintaining cleanliness, adequate ventilation, and lighting.
• Ensuring availability of clean drinking water and sanitary facilities.
• Limiting working hours to 9 hours a day and 48 hours a week.
• Protecting workers from hazardous machinery.

By setting minimum health and safety standards, the Act helps realise the “just and humane conditions of work” envisaged by Article 42.

Other Related Legislation

• Workmen’s Compensation Act, 1923: Provides compensation for work-related injuries or illnesses.
• Minimum Wages Act, 1948: Sets minimum wages to prevent exploitation.
• Industrial Employment (Standing Orders) Act, 1946: Regulates terms of employment to bring uniformity.

These statutes collectively aim to improve working conditions and safeguard workers’ rights, fulfilling the vision of Article 42.

Landmark Judgements on Article 42 of Constitution

Although Article 42 is not enforceable directly, courts have recognised its importance and applied its spirit in various judgments.

Municipal Corporation of Delhi v. Female Workers (Muster Roll), 2003

• Temporary women workers demanded maternity benefits.
• The Supreme Court held that maternity benefits are essential to protect the health of the mother and child.
• The Court aligned the Maternity Benefit Act with Articles 39 (equal pay) and 42, affirming the State’s duty to protect women workers.

B. Shah v. Presiding Officer, Labour Court, Coimbatore, 1997

• The issue was whether Sundays should be counted in maternity leave.
• The Court ruled in favour of women workers, including Sundays, using the principle of beneficial construction and keeping Article 42 in mind.

Anshu Rani v. State of Uttar Pradesh, 2019

• The petitioner sought maternity leave for 180 days instead of the statutory 90 days.
• The Allahabad High Court granted 180 days, referring to Article 42 and the Maternity Benefit Act, emphasising humane treatment.

Conclusion

Article 42 of the Constitution of India plays a vital role in protecting workers’ rights and ensuring dignity at the workplace. While it is a non-justiciable Directive Principle, its influence permeates India’s labour laws and judicial decisions. The Maternity Benefit Act and the Factories Act are concrete outcomes of this constitutional mandate.