41.Right to work, to education and to public assistance in certain cases
The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of underserved want.
COMMENTS
Article 41 directs the State to make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of underserved want. This is social security in its widest sense. Even the State has to pay compensation to workers whose continuous employment has suffered due to short supply of electricity. poverty eradication continues to be a major challenge for social and economic policies. MNREGA is a major legislative initiative as well as executive action to reach to the poorest of the poor in the country.
42.Provision for just and human condition of work and maternity relief:
The state shall make provision for securing just and humane conditions of work and for maternity relief.
COMMENTS
Article 42 also enumerate the State’s obligation to make provision for Maternity Relief. The Maternity Benefit Act,1961 and the Employee’s State Insurance Act,1948 for factories are important legislation . the court even allowed the maternity benefit to the non-regulated female workers in view of this Directive.
43.Living wage ,etc., for workers:
The State shall endeavor to secure ,by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work , a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure a and social and cultural opportunities and , in particular, the State shall endeavor to promote cottage industries on an individual or co-operative basis in rural area.
COMMENTS
The concept of living wage has been discussed by Supreme Court in the case of Express Newspaper vs. Union of India. The idea is that every workman shall have a wage which will maintain him in the highest stat of industrial efficiency. Which will enable him to provide his family with all the material things which are needed for their health and physical well-being enough to enable him to qualify to discharge his duties as a citizen. The amount of living wage in money terms will vary as between trade and trade. However, the Minimum Wages Act is one statue which is beneficial law from the factory worker to the farm labourer, but remains largely unimplemented .the last part of the directive in the Article has now been incorporated as full- fledged chapter IX B on the CO-operative Societies in the Constitution by the Amendment in the year 2012 and Article 43B itself.
43A. Participation of workers in management of industries:
The State shall take steps, by suitable legislation or in any other way , to secure the participation of workers in the management of undertakings, establishment or other organization engaged in any industry.
COMMENTS
Article 43A which was introduced by the 42nd Amendment in 1976 provides that the State shall take steps by suitable legislation or any other means to secure the participation of workers in the management of industrial establishment. An appropriate law in general is required to implement Article 43A.However, the Banking companies (Acquisition and Transfer of Undertaking)Act, 1970 provides to include representation of the employees on the board of Directors, so also in case of some Central Public Sector Undertaking. This has helped to improve production, quality of product and work life.
43B.Promotion of co-operative societies:
The State shall Endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
44. Uniform civil code for the citizen:
The State shall Endeavour to secure for the citizens a uniform civil code throughout the territory of India.
COMMENTS
When one has to consolidate a community, one has to take into consideration the benefit which may flow to the whole community and not to be the customs or part of it. It is very necessary that our personal lives, subject to restrictions of secular aspects, must be unified in such a way that as early as possible, we may be able to say that we are strong and a consolidated nation even by the way we live by our personal laws. The Supreme Court was earlier not in favour to impose a uniform civil code in the country and did not interfere in the Muslim Personal Law. But due to impact of globalization and modernization of India, even the Apex Court is veering around in favour of uniform civil code.
45. Provision for early childhood care and education to children below the age of six years:
The State shall Endeavour to provide early childhood care and education for all children until they complete the age of six years.
COMMENTS
Earlier the Article contained for free and compulsory up to the age of 14 years. This is the way to develop India. After the observation of the Supreme Court that educated citizens are foundation of stability of democracy social integration and to eliminate social evils the original Article was incorporated in Article 21A as a fundamental right by Amendment in 2002.