Adequate means of livelihood
Also called: Article 39(a) · Topic: Directive Principles and Fundamental Duties · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
Article 39(a) is a Directive Principle. It asks the State to make sure that all citizens, men and women equally, have the right to an adequate means of livelihood, meaning enough means to earn a living. It is one of the socialistic directives, which aim at economic justice. NCERT Class 11 lists it among the "non-justiciable rights", rights that courts cannot directly enforce. Even so, courts have since read the idea into the right to life.
Example
In Olga Tellis (1985), pavement dwellers in Bombay faced eviction. The Supreme Court read Arts. 39(a) and 41 into Art. 21 and held that the right to life includes the right to livelihood.
Don't confuse with
- Right to work (Art. 41): this asks the State to give work and public help in need, "within the limits of its economic capacity". Art. 39(a) is the wider goal that everyone should have enough means to live.
Related concepts
- Socialistic principles
- Social order based on justice
- Equitable distribution of material resources
- Equal pay for equal work
- Protection against economic exploitation
- Right to work, education and public assistance
- Living wage
- Workers' participation in management