Directive Principles Of State Policy – Article 38

Article 38 is a part of the Indian Constitution of India that talks about the welfare of the States of the country. Before knowing about Article 38, it is important to know about the Indian Constitution.

         The Constitution Of India

The Indian Constitution was framed in the year 1949 on the 26th of November but it was implemented in the year 1950 on the 26th of January.

Several articles in the Indian Constitution were formed keeping in mind the various aspects of each section of the Society.

Dr. B.R Ambedkar is known as the ‘ Father of Indian Constitution.’ As he had expertise in constitutional framing, he was consulted for framing the Constitution of India. It’s being said that he knew about the Constitutions of 60 countries because he had a great fondness for studying the laws and judiciary. He was highly attentive and clear regarding the formation of the Constitution of India and kept every minute detail in his mind before coming up with the draft of the Indian Constitution.

India has always been synonymous with being secular, social, and integrated. The Indian Constitution is the longest Constitution laid among all the other sovereign countries across the world. There were 395 articles in 22 different parts and had 8 schedules. It is the second-longest Constitution written as it has in total of 145,000 words in it.

At present, the Indian Constitution has 470 articles that are divided into 25 parts. It also has a preamble. There have been many amendments made in the Constitution from time to time. The latest was being done in the year 2020 on the 25th of January. Words like Secular, Social, and Integrity are part of the Preamble of the Indian Constitution.

All the articles of the Indian Constitution didn’t come into force immediately and altogether. The articles of the Constitution that came into force earlier i.e. In the year 1949, on the 26th of November were:

• Articles 5, 
• Article 7,
• Article 8, 
• Article9, 
• Article 60
• Article 324
• Article 366
• Article367
• Article 379
• Article 380
• Article388
• Article 391, 392, 393, and 394 respectively

Some articles came into force a year later i.e., in the year 1950 on the 26th of January.

Below is a detailed description of Article 38 of the Indian Constitution.

         Article 38 And Its Relevance

Article 38 of the Constitution was laid for the welfare of the States in the country. The two points that describe Article 38 and its relevance are:

1. The State has to strive to work for the welfare of the state by promoting and protecting all aspects in which justice should be provided keeping in mind all the socio, economic and political aspects in mind.
2. The State has to work to increase the employment aspects in the society so that there is no difference between the status of any community and class. It should also try to eradicate the inequalities in the facilities provided among people of every section of the people living in the state irrespective of their status.

Article 38 was discussed among the members of the Constituent Assembly in the year 1948 on the 19th of November. During the debate, there were several changes desired to make in Article 38 but the members of the Constituent Assembly didn’t agree to it and therefore no amendments were made.

Conclusion

Article 38 is meant for the purpose of maintaining harmony among the people of the state. It aims at protecting the law and order in the state and is formulated to keep justice and law in order.