Constitution of India
Article 42: Provision for just and humane conditions of work and maternity relief
Part IV — Directive Principles of State Policy
Article 42 (no sub-divisions)
WHAT IT SAYS: The State shall make provision for securing just and humane conditions of work and for maternity relief. WHAT IT MEANS: It places a non-justiciable obligation on the State to enact laws ensuring safe workplaces, fair wages, reasonable hours, and maternity benefits for women workers. KEY DOCTRINE: Doctrine of Beneficial Construction — courts interpret labour welfare and maternity statutes liberally in favour of the worker, guided by Article 42's spirit.
Constitutional Inspiration
SOURCE(S): 1. Irish Constitution (1937) — Article 45 (Directive Principles of Social Policy) Original provision: Article 45 laid down non-justiciable social policy principles for the guidance of the Oireachtas (Irish Parliament), covering welfare, livelihood, and equitable distribution. What India kept: India borrowed the concept of non-justiciable directive principles but expanded them across Articles 36–51, making them far more detailed and specific than the single Irish article. 2. International Labour Organisation (ILO) Conventions Original provision: ILO conventions (e.g., Convention No. 3, 1919 on Maternity Protection) mandated humane working conditions and maternity protection for women workers. What India kept: India incorporated ILO principles on just working conditions and maternity relief directly into Article 42 as a constitutional directive. INDIA'S SPECIFIC ADAPTATIONS: 1. Broader scope than Irish model — India dedicated separate articles to specific welfare goals (Art. 41 to 43) rather than clubbing all into one article, because the framers wanted targeted policy directives for a diverse workforce. 2. Explicit mention of maternity relief — The Irish Article 45 did not specifically mention maternity relief; India added this because women workers in colonial India faced severe exploitation during pregnancy with no legal protection. 3. Non-justiciable but 'fundamental in governance' — Article 37 declares DPSPs fundamental to governance, making them morally binding, unlike Ireland where Article 45 principles had minimal political effect.
Constituent Assembly Debate
DEBATED ON: 23 November 1948 (CAD Volume VII) KEY SPEAKERS: 1. The Vice-President (Dr. H.C. Mookherjee) — Presided over the session and put Draft Article 33 (now Article 42) to vote. 2. Shri V.I. Muniswamy Pillai (Madras) — Was present but did not move his amendment (No. 940), stating the subject-matter related to Schedules. MAJOR DISAGREEMENTS: None — Draft Article 33 was adopted without any debate, discussion, or proposed amendment, reflecting unanimous consensus on the need for labour rights and maternity protection. FINAL OUTCOME: Draft Article 33 was put to the vote and adopted unanimously without any amendments or opposition on 23 November 1948. AMBEDKAR'S KEY QUOTE (if available): No specific quote recorded for this article as it was passed without discussion. Dr. Ambedkar had earlier described DPSPs as 'novel features' of the Indian Constitution.
Landmark Judgments
LANDMARK JUDGMENTS: 1. Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) — SC held that maternity benefits under the Maternity Benefit Act, 1961 extend to all women workers including temporary/daily-wage employees, invoking Articles 39 and 42. 2. B. Shah v. Presiding Officer, Labour Court (1978) — SC ruled that maternity benefits must be calculated for full weeks including Sundays, applying the principle of beneficial construction in line with Article 42. 3. Air India v. Nergesh Meerza (1981) — SC struck down service regulations mandating termination of air hostesses upon first pregnancy as unconstitutional, holding it violated Articles 14 and 21 and the spirit of maternity protection. 4. Kavita Yadav v. Secretary, Ministry of Health & Family Welfare (2024) — SC held that fixed-term employees are entitled to full maternity benefits even after expiry of their contract, stating maternity benefit 'travels beyond the term of employment'. NOTABLE DISSENTS (if any): None of major constitutional significance specific to Article 42. SCHOLARS & JURISTS: 1. Dr. B.R. Ambedkar — Described the Directive Principles (including Article 42) as 'novel features' of the Constitution, intended to create a welfare state through policy guidance. 2. Granville Austin — Observed that DPSPs represent India's 'Conscience of the Constitution', reflecting the framers' commitment to social revolution through democratic means.