Part IV ⚖️ Directive Principles of State Policy In force · Clause (f) substituted by 42nd Amendment, 1976

Article 39 of Indian Constitution: Livelihood, Equal Pay and Fair Sharing of Resources

Should a woman get less pay than a man for the same work in a field? Should a child work in a factory? Article 39 says no, and gives the State six clear goals for a fair economy.

Bare ActOfficial Text of Article 39

English · Official Text

39. Certain principles of policy to be followed by the State.—

The State shall, in particular, direct its policy towards securing—

(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

The 42nd Amendment, 1976 substituted clause (f), adding the words on children's healthy growth in freedom and dignity. The same amendment added Article 39A (free legal aid).
In Simple Words / आसान शब्दों में

(a) Everyone, man or woman, should have a fair way to earn a living.

(b) and (c) Nature's wealth and the economy should serve everyone, not a few rich people.

(d) Equal pay for equal work for men and women.

(e) and (f) No one, especially a child, should be pushed by poverty into work that harms them; children should grow up healthy and free.

🏠 Everyday Analogy

Think of a village pond. It belongs to the whole village, so one rich family should not fence it off. Everyone gets water, those who work equally get paid equally, and children go to school, not to work.

🇮🇳 Real Indian Example

Sunita and Ramesh both pack boxes in the same factory for eight hours. Under the Code on Wages, which applies Article 39(d), the owner cannot pay Sunita less just because she is a woman.

Six ClausesArticle 39 of Indian Constitution: Six Clauses and the Laws Behind Them

ClauseGoalLaw or step that applies it
39(a)Adequate livelihood for men and women equallyRural job guarantee laws, now the VB-G RAM G Act, 2025
39(b)Material resources of the community used for the common goodLand reforms; nationalisation of coking coal mines (1972)
39(c)No concentration of wealth to the common harmMRTP Act, 1969, now the Competition Act, 2002
39(d)Equal pay for equal work for men and womenCode on Wages (replaced the Equal Remuneration Act, 1976)
39(e)Health of workers and children not abusedChild and Adolescent Labour Act (1986, amended 2016)
39(f)Children grow in freedom and dignity, safe from exploitationJuvenile Justice Act, 2015; mid-day meals

Key cases

  • Article 31C (25th Amendment, 1971) protects laws made to apply 39(b) and (c) from challenge under Articles 14 and 19.
  • Randhir Singh v. Union of India (1982): equal pay for equal work can be enforced through Articles 14 and 16, read with 39(d).
  • Property Owners Association v. State of Maharashtra (9 judges, 5 November 2024): not every private property is a "material resource of the community" under 39(b). It depends on the resource's nature, scarcity and effect on the community.

Article 39A (equal justice and free legal aid) has its own page.

Article 39 of Indian Constitution clauses a to f: adequate means of livelihood, material resources of the community for common good, no concentration of wealth, equal pay for equal work, protection of workers and children
The six goals of Article 39 grouped into four boxes.

Quick RevisionKey Points to Remember

  • Article 39 has six clauses, (a) to (f); a Socialist principle.
  • 39(d): equal pay for equal work for men and women.
  • 39(b), (c) are protected by Article 31C.
  • 39(f) was substituted by the 42nd Amendment, 1976.
  • 2024 (9 judges): not all private property is a community resource under 39(b).

UPSC · State PSC · JudiciaryArticle 39: Exam Corner

  • Prelims trap: "Equal pay for equal work is a Fundamental Right written in Part III." False. It is written in Article 39(d), a DPSP; courts enforce it through Articles 14 and 16.
  • Fact (SSC, school): Free legal aid is 39A, not 39; both are Socialist principles.
  • Mains (250 words): "Discuss how the Supreme Court read 'material resources of the community' in the Property Owners Association case (2024)."

Practice MCQTest Yourself: Article 39

Which clause of Article 39 provides for equal pay for equal work for both men and women?

Doubts ClearedFrequently Asked Questions

What is Article 39 of Indian Constitution?

Article 39 lists six goals for State policy: livelihood for all, fair use of community resources, no concentration of wealth, equal pay for equal work, protection of workers and children, and healthy growth of children.

What did the Supreme Court decide on Article 39(b) in 2024?

In Property Owners Association v. State of Maharashtra (5 November 2024), a nine-judge bench held that not every privately owned resource is a "material resource of the community" that the State can take over under 39(b).

Is free legal aid part of Article 39?

No. Free legal aid is in Article 39A, added by the 42nd Amendment, 1976. It has its own page.