Concept of Public Welfare in Indian Constitution
The Constitution of India has not only honored public welfare but also made arrangements for its protection. Justice, liberty and equality enshrined in the Preamble to the Constitution are its fundamental elements.Chapter 3 Fundamental Rights and Chapter 4 Derictive Principles of state Policy (DPSP) of the Constitution mention guarantees and efforts of individual and collective welfare respectively. It is noteworthy that Article 14. Article 15. Article 16. Article 17 and Article 23 and 24 make comprehensive provisions for the protection of fundamental rights in Chapter 3 and Article 38 of the Constitution of India under the Directive Principles of State Policy in Chapter 4. Article 39, Article 41. Through Article 43 and Article 46, direct the state to build a social order for the promotion of public welfare.
Article 38:- The State shall endeavor to promote the welfare of the people by establishing and protecting aseffectively as possible a social order in which justice, social, economic and political, will inspire all the institutions of national life.
Article 39A: It shall be the duty of the State to provide free legal aid and to act in such a way as to ensure equal justice for all, as declared in the Preamble.
Special: The Central Government implemented the Legal Services Authority Act, 1987. This act will provide free legal aid to the poor and make Lok Nyayalaya at par with civil court.There will be authority.
Article 43: The state shall ensure a living wage for all workers.
Article 43A:The State shall ensure the enjoyment of workers in industry and other undertakings. This is called profit sharing. This will make it possible to achieve economic justice and in this sense it can be considered a step towards socialism.
Article 31: Right to work, education and public assistance in certain cases with in the limits of ability and development, to get work a. to get an education and to increase unemployment, old age, disease and To get the right to get public assistance in cases of disability and other want effective provision.
Article 46: To promote the education and economics of the Scheduled Castes, the Scheduled Tribes and other weaker sections,shall in particular promote the educational and economic interests of the weaker sections of the people and the educational and economic interests of the Scheduled Tribes and protect them from social injustice and all forms of exploitation.
42nd Constitutional Amendment:- By amending the preamble, the objective of the state has been told as 'socialist', Mrs Gandhi had said that socialism does not mean collectivism, but its meaning. Providing equal opportunities to all through socio-economic reforms. By this amendment some more changes have been made in Part 4. The inclination of the constitution towards socialist structure has been increased by adding some new directions.
44th Constitutional Amendment:- In order to fulfill the economic justice and equality of opportunity assured by the Janata Government in the Preamble (by the 44th Amendment Act, 1978) in article 38, clause (2) was inserted, which states that "the State shall in particular seek to reduce inequalities in income and inequalities in status, facilities and opportunities not only among individuals but also among groups of people engaged in different occupations residing in different regions.
