Article 42 of Indian Constitution: Provision for Just and Humane Work Conditions

Ensuring fair and dignified work environments is more than just goodwill—it’s a constitutional commitment in India. Article 42 of the Indian Constitution stands as a beacon in the Directive Principles of State Policy, urging the state to “make provision for securing just and humane conditions of work and for maternity relief.” While not directly enforceable by law, this Article reflects India’s vision for labor welfare and social justice, impacting millions of workers and influencing a suite of progressive labor policies over the decades.

Historical Context and Rationale Behind Article 42

Genesis During the Constitution-Making Process

When the framers of the Constitution contemplated the future of labor in independent India, the memory of British colonial exploitation was still fresh. Industrial workers had little bargaining power, worked long hours, and received negligible protections. Indian leaders, influenced by global labor movements and the International Labour Organization, were determined to enshrine worker welfare into the nation’s foundational document.

The Directive Principles, including Article 42, were inspired by a mix of socialist ideals and Gandhian philosophy, focusing on human dignity, social justice, and reducing inequalities.

Why Just and Humane Conditions?

India’s demographic advantage is arguably tied to the productivity and wellbeing of its labor force. However, harsh working conditions—ranging from unsafe factories to discrimination and lack of maternity support—have historically undermined this potential. Article 42 was envisioned as an antidote, a guiding principle nudging the state to move beyond minimal compliance toward positive intervention.

“Article 42 stands as a moral directive compelling the State to continuously raise the bar for workers’ rights and dignity, even if its language stops short of legal enforceability,” observes Dr. Aishwarya Reddy, labor law scholar at NALSAR University.

The Text and Scope of Article 42

Article 42 reads succinctly, yet its implications are far-reaching:

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

Breaking Down the Key Elements

• Just and Humane Work Conditions: This refers to the physical and psychological environment at workplaces. It covers fair wages, reasonable working hours, proper sanitation, safe infrastructure, protection from hazards, and freedom from exploitation.
• Maternity Relief: Recognizing the specific needs of women employees, Article 42 pushes for state-backed provisions ensuring maternity leave, medical care, and job security for pregnant and new mothers.

Directive Principles: Aspirational, Not Justiciable

It’s crucial to note that Article 42, like other Directive Principles, is not enforceable in a court of law. Instead, it sets a policy agenda for the government, providing a framework against which legislative and executive actions are measured.

Real-World Impact: Laws and Policies Shaped by Article 42

Beyond theory, Article 42 has cast a long shadow on Indian labor jurisprudence and welfare schemes.

Key Legislative Developments

Factories Act, 1948

This foundational law established safety norms, limited working hours, and provided for basic amenities such as ventilation and sanitation—directly echoing the spirit of Article 42.

The Maternity Benefit Act, 1961 (and Amendments)

In keeping with the mandate for maternity relief, this Act initially provided 12 weeks of paid maternity leave, later increased to 26 weeks in 2017 for women in the organized sector. Although implementation gaps remain (particularly for women in the informal economy), the law’s steady expansion demonstrates Article 42’s enduring influence.

Occupational Safety, Health and Working Conditions Code, 2020

This recent code consolidated and updated several older labor laws, further strengthening worker safety norms, and reflecting the evolving understanding of “humane” conditions.

Landmark Judicial Interpretations

Indian courts, especially the Supreme Court, have often read Directive Principles into the interpretation of Fundamental Rights. In landmark cases around bonded labor, workplace safety, or gender discrimination, courts have invoked Article 42 to reinforce the constitutional commitment to labor welfare.

For example, in Consumer Education and Research Centre v. Union of India (1995), the Supreme Court declared that humane working conditions are essential for the right to life under Article 21.

Ongoing Challenges and Current Realities

Informal Sector and Implementation Gaps

Despite robust laws on paper, the vast informal sector—employing over 80% of Indian workers—remains largely outside the ambit of effective regulation. Construction, domestic work, and agriculture frequently witness unsafe conditions, non-payment of wages, and negligible social security.

Gender Disparities

Progress on maternity relief is uneven. While large corporations in cities may offer compliant benefits, millions of women in unorganized sectors lack formal recognition or protection. Efforts to include informal women workers under maternity benefit schemes face logistical, cultural, and resource constraints.

The COVID-19 Pandemic Stress Test

The pandemic starkly revealed the fragility of “just and humane” work conditions. Migrant laborers, factory workers, and healthcare staff faced unprecedented hardships, pushing the state to revisit and reinforce safety nets.

Forward-Looking Perspectives: Making Article 42 a Lived Reality

Policy Innovations and Global Comparisons

Some Indian states are experimenting with stricter inspections, digital labor registries, and employer accountability frameworks. Globally, countries like Sweden and Germany are recognized for advanced worker welfare models, offering lessons for India’s evolving approach.

Technological and Social Advances

Digital platforms and improved education are slowly empowering workers to claim their rights. Increased activism, awareness campaigns, and workplace audits are contributing to the progressive realization of Article 42’s directive.

The Road Ahead: What Can Strengthen Article 42’s Mandate?

• Expanded coverage for informal workers through social security and targeted schemes
• Greater involvement of civil society in workplace monitoring
• Innovative public-private partnerships for worker safety and maternity support
• Judicial activism that continues to interpret worker dignity expansively

Conclusion

Article 42 of the Indian Constitution remains a cornerstone of India’s commitment to labor welfare, dignity, and gender-sensitive workplaces. While the journey from aspirational principle to ground reality is ongoing, its spirit drives legal reform, policy innovation, and societal debate. Realizing the full potential of Article 42 will require bridging the gap between progressive law and workplace realities, particularly for the most vulnerable segments of the workforce.

FAQs

What is the main purpose of Article 42 of the Indian Constitution?

The primary aim of Article 42 is to ensure that the State provides just, humane work conditions and maternity relief, reflecting India’s commitment to labor welfare and social justice.

Is Article 42 enforceable in Indian courts?

No, Article 42 is part of the Directive Principles of State Policy and is not justiciable. This means courts cannot directly enforce it, but it guides legislation and policy-making.

How has Article 42 influenced Indian labor laws?

Article 42 has inspired significant labor legislation, including the Factories Act and the Maternity Benefit Act, embedding worker safety and maternity relief into statutory law.

What are the main challenges in implementing Article 42?

Key challenges include a large informal workforce, inconsistent enforcement of existing laws, and limited access to benefits for women in unregulated sectors.

Has there been progress in providing humane work conditions in India?

There has been progress, particularly in the formal sector with updated laws and judicial support, but substantial gaps remain, especially for workers outside the formal economy.

Why is maternity relief included in Article 42?

Maternity relief recognizes the specific health and social needs of working women, aiming to prevent discrimination and ensure workplace equality and dignity.