Constitutional text

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

Article 41 is one of the classic welfare state provisions of the DPSP, drawing from the Beveridge Report (1942) in Britain that laid the foundation for the post-war welfare state, and from Fabian socialist ideas that heavily influenced Jawaharlal Nehru and the Congress left wing. The qualifier 'within the limits of its economic capacity and development' was deliberately included to acknowledge that a newly independent and impoverished India could not immediately deliver these rights fully. The article was understood as establishing a trajectory, not an immediate obligation.

Key Supreme Court cases

Unni Krishnan, J. P. v. State of Andhra Pradesh (1993)

Supreme Court held that the right to education (for children up to 14) is a fundamental right flowing from Article 21, read with Article 41 and Article 45.

Related articles

Last reviewed: 3 July 2026