Article 42 gives workers a direct legal right to sue for maternity benefits.

It's a Directive Principle, meaning it guides government policy and lawmaking but isn't directly enforceable in court by itself; actual rights come from laws like the Maternity Benefit Act.

This Article only applies to formal, permanent employees.

Courts have interpreted its spirit to extend maternity protections even to informal or daily-wage workers, as seen in key Supreme Court rulings.

The Constitution of India

Article 42

Provision for just and humane conditions of work and maternity relief

The State shall make provision for securing just and humane conditions of work and for maternity relief.§

Why this exists

Article 42 is part of the Directive Principles of State Policy, added by the Constitution's framers who were influenced by international labour standards and India's freedom movement ideals of social justice. It reflects a concern for protecting workers, especially women, from exploitative industrial conditions common in the early 20th century, and aligns with global movements (like the ILO) advocating maternity protection and humane labour practices.

How courts read it

Courts have used Article 42 to interpret and strengthen labour welfare laws, especially in cases involving maternity benefits. In Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000), the Supreme Court held that maternity benefits under the Maternity Benefit Act should extend to daily-wage or muster-roll women workers, invoking Article 42 to support a purposive, welfare-oriented reading of labour statutes. Courts generally treat this Article as a guiding principle to interpret labour and social welfare legislation, even though it is not directly enforceable in court on its own.

Common misconceptions

Myth: Article 42 gives workers a direct legal right to sue for maternity benefits.
Fact: It's a Directive Principle, meaning it guides government policy and lawmaking but isn't directly enforceable in court by itself; actual rights come from laws like the Maternity Benefit Act.
Myth: This Article only applies to formal, permanent employees.
Fact: Courts have interpreted its spirit to extend maternity protections even to informal or daily-wage workers, as seen in key Supreme Court rulings.