JAGTIV · Previous Year Questions

UPPSC

POLITY · 2019

Previous Year Question

Which of the following Article was inserted by the 42nd Constitution Amendment to provide for participation of workers in management?

A.

Article 38

B.

Article 38

C.

Article 39A

D.

Article 45

Correct Answer: D

Detailed Solution

Section 9 of the Constitution (Forty-second Amendment) Act, 1976 inserted Article 43A into the Constitution. Its subject is “Participation of workers in management of industries”, and it forms part of Part IV—Directive Principles of State Policy.

Article 43A directs the State to take steps, through suitable legislation or otherwise, to secure participation of workers in the management of undertakings, establishments or other organisations engaged in industry. Thus, it provides a constitutional policy basis for workers' participation in industrial management.

The distinction from the other options is useful. Article 38 concerns a social order promoting welfare; Article 39A concerns equal justice and free legal aid and was also inserted by the 42nd Amendment; while Article 45 presently deals with early childhood care and education for children below six years. The specific provision concerning workers' participation in management is Article 43A.

Since Article 43A is a Directive Principle, it does not by itself create a directly enforceable Fundamental Right; rather, it serves as a constitutional direction to the State in governance and law-making.

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