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Article 42 in the Constitution of India

Article 42 seeks to ensure humane work conditions and provide for maternity relief. It states that “The State shall make provision for securing just and humane conditions of work and for maternity relief.” It is a principle of socialistic nature and is dedicated to achieving the social and economic welfare of the people with the objective of establishing India as a Welfare State.

Objectives & Legislative Implications

The main objectives of Article 42 are:

  • To ensure dignified work for all employees, recognizing that labor is not a commodity.
  • To protect women workers during pregnancy and childbirth by providing maternity benefits and job security.
    The article has influenced a number of labor-welfare statutes, such as the Maternity Benefit Act, 1961, and provisions in the Factories Act, 1948 regarding working conditions.

Key Features at a Glance

Feature

Description

Scope

Working conditions + maternity relief

Constitutional Location

Part IV – Directive Principles of State Policy

Nature

Non-justiciable (not enforceable in court directly)

Government Obligation

To make laws + frame policy securing humane work and maternity benefits

Example Legislation Influenced

e.g., the Maternity Benefit Act, 1961, labour welfare acts in India

Judgments & Practical Significance

Although Article 42 itself cannot be claimed in court, judicial decisions have referred to it when interpreting labor legislation or rights of women workers. For instance, the courts have used it as a guiding principle to strike down state rules that denied maternity leave.

Practically, this article reminds governments of their obligation to ensure labor welfare and gender-sensitive work policies. It is an important provision linking constitutional values ​​to labor and social legislation.

Conclusion

In short, Article 42 encapsulates a crucial constitutional mandate: the state must ensure humane working conditions and maternity relief. Although graduates and candidates cannot directly invoke it in court, it plays a significant role in shaping labor policy and legislation. Understanding Article 42 means understanding its location in Part IV, its policy nature, its dual focus (working conditions + maternity relief), and its practical impact on legislation and judicial interpretation.

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