Article 39 of CoI : Article 39: Certain principles of policy to be followed by the State.
CoI
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Explanation using Example
Example 1:
Scenario: Equal Pay for Equal Work
Situation: Priya and Rajesh work as software engineers at a government-owned IT company. Both have the same qualifications, experience, and job responsibilities. However, Priya discovers that Rajesh is being paid more than her for the same work.
Application of Article 39(d): Priya can raise a complaint under the principle of "equal pay for equal work" as mandated by Article 39(d) of the Constitution of India. The company is legally obligated to ensure that both men and women receive equal pay for the same work. The State can intervene to rectify this disparity and ensure compliance with the directive principles.
Example 2:
Scenario: Protection of Children from Exploitation
Situation: A factory in a rural area employs children under the age of 14 to work in hazardous conditions. These children are forced to work long hours and are paid very little, which affects their health and education.
Application of Article 39(f): The State, under Article 39(f), is responsible for ensuring that children are given opportunities to develop in a healthy manner and are protected against exploitation. The factory can be reported to the authorities, and the State can take action to shut down the illegal employment of children, provide them with educational opportunities, and ensure their well-being.
Example 3:
Scenario: Distribution of Material Resources
Situation: A large corporation is attempting to acquire vast tracts of agricultural land in a village to set up a manufacturing plant. This acquisition would displace many farmers and disrupt the local community's livelihood.
Application of Article 39(b): The State can intervene to ensure that the ownership and control of material resources, such as land, are distributed in a manner that serves the common good. The State may impose regulations or provide alternative solutions to ensure that the farmers' livelihoods are protected and that the community benefits from the development.
Example 4:
Scenario: Prevention of Wealth Concentration
Situation: A single business tycoon owns multiple industries in a city, leading to a monopoly that stifles competition and results in the concentration of wealth.
Application of Article 39(c): The State can enact policies and regulations to prevent the concentration of wealth and means of production. This could include antitrust laws, promoting small and medium enterprises, and ensuring fair competition in the market to prevent economic systems from resulting in common detriment.
Example 5:
Scenario: Adequate Means of Livelihood
Situation: A rural community is struggling with unemployment and lack of access to basic resources. The local government decides to implement a skill development program and provide financial assistance to start small businesses.
Application of Article 39(a): The State's policy to secure the right to an adequate means of livelihood for all citizens is reflected in this initiative. By providing skill development and financial assistance, the State is helping the community members, both men and women, to achieve economic independence and improve their standard of living.