Sneha Chavan

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Module 1. Constitutional Provisions on Labour Legislations

PYQ
1. Explain the fundamental rights in reference with labour legislation in
India? (2022) (15 marks)
2. Explain in detail the relevant provisions on labour legislation in India
(2022) (15 marks)
3. Discuss in detail the directive principles of state policy in reference with
labour legislation in India (2019) (15 marks)

Q. Explain in detail the fundamental rights and the directive principles of state
policy in reference with labour legislation in India?

Synopsis
1. Introduction
2. Concept and origin of Labour Laws
3. Evolution of Labour Laws
4. Labour laws in Fundamental Rights
• Article 14
• Article 19 (1) (C)
• Article 23
• Article 24
5. Relevancy of Part IV (Article 36 – 51) on Labor Laws
• Article 39 (a)
• Article 39 (d)
• Article 41
• Article 42
• Article 43
6. Significance of Labour Laws
7. Conclusion
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Introduction
Labour laws, also known as employment laws, are the body of laws,
administrative rulings, and precedents that address the legal rights and
restrictions of working people and their organisations. Labour laws attempt to
regulate the relationships between an employer or group of employers and their
employees. This branch of law has the broadest application because it affects
more men and women than any other branch of law. As a result of its vast
implications and dynamic facets, it is also the most fascinating area to study.
These laws generally address issues like workplace health and safety, collective
bargaining, unfair labour practices, certification of unions, labour-management
relations, general holidays, annual leave, working hours, unfair terminations,
the minimum wage, layoff procedures, severance pay and so on.

The Constitution of India is the touchstone for any Act passed in our country. The
Constitution of India is the largest written constitution of the world. Each and every
act which was in force before the enactment of our constitution were either
amended or nullified after its enforcement. Our constitution plays an important
part in the changes and growth in labour laws in India. The Fundamental Rights
and Directive Principles of State Policy enshrined in Part III and Part IV mentions
working class related benchmark laws. n India, the Central Government has
promulgated around 44 labour-related statutes, 29 of which have been
consolidated into four new labour codes.

Concept and origin of labour laws

In society, institutions develop to abhor the gap that changes leave behind. The
Industrial Revolution, a historical phenomenon, completely transformed society
from rural and agricultural to industrial and consumerist. The changes brought
about by the industrial revolution left some gaps, and it became society’s
responsibility to fill those gaps. To fill the gaps, society turned to certain social
devices known as labour laws. Labour laws are the result of the industrial
revolution, and they were created to address the problems that they caused.
They differ from ordinary legislation in that they are meant to address unique
issues brought on by particular situations. As a result, their orientation,
philosophy, and concepts are specific rather than general.
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Industrial society resulted in the over-exploitation of the working classes by
employers who took advantage of the individual worker’s dispensability and
sought the highest profit from their investment. Due to the capitalist axiom that
‘risk and right’ go hand in hand, they had the authority to ‘hire and fire.’ The law
at the time also included ideas like ‘master and servant,’ among others. The
common law principle was in effect. The terms of the contract were typically
verbal and were mostly used in cases of breach, which resulted in prosecution
and imprisonment of the workers.

The purpose and scope of labour laws have evolved over time. Early labour laws
were enacted to protect employers’ interests. It was governed by the laissez-
faire doctrine, which entails a policy of minimal government intervention in the
economic affairs of individuals and society. On the other hand, contemporary
labour law aims to safeguard employees from employer exploitation. The
foundation of the welfare state doctrine is the concept of progressive social
philosophy, which has rendered the previous doctrine of laissez-faire outdated.
The ‘hire and fire’ and ‘supply and demand’ theories, which enjoyed unrestricted
application under the previous laissez-faire philosophy, are no longer valid.

The approach to labour law and industrial relations has changed significantly
since the Philadelphia Charter, which stated that ‘labour is not a commodity’
and that ‘poverty anywhere is a danger to prosperity everywhere.’ W. Friedmann
and others who have attempted to analyse the essential characteristics of legal
development in this branch of law consider “social duty on the part of the
employer” to be the main bedrock upon which this law is built.

Evolution of labour legislation in India

The history of labour law in India dates back more than 125 years. Beginning
with the Apprentice Act of 1850, which allowed orphaned children to find work
when they reached the age of 18, several labour laws covering all aspects of
industrial employment have been enacted. Labour laws govern not only the
working conditions of industrial establishments but also industrial relations,
wage payment, trade union registration, certification of standing orders, and so
on. They also provide social security measures for workers. The Indian
Constitution serves as the foundation for all Indian laws. According to the
Constitution, labour is a matter under the Concurrent List, meaning that both
the Central and State governments may pass labour laws, subject to the
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restriction that the State legislature may not pass laws that conflict with Central
law.

The Apprentice Act of 1850 was followed by the Factories Act, 1881, and
the Bombay Trade Disputes (and Conciliation) Act, 1934, was the first State law.
During World War II, both of these, as well as the Bombay Industrial Disputes
Act, 1938 were amended. In its place, the Bombay Industrial Relations Act, 1946,
was enacted. The Central government passed the Industrial Employment
(Standing Orders) Act, 1946 around this time. The Industrial Disputes Act, 1947,
which was later amended, took the place of the Trade Disputes Act, 1947. This
law is the primary tool for governmental intervention in labour disputes.
Following independence, many laws governing labour employment and social
security were enacted, which are discussed in the latter part of this article.
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Labour laws in Fundamental Rights

Part III of the Constitution of India is the benchmark for labour laws in India. Also,
Part III (Article 12 to 35) of the Constitution covers the fundamental rights of its
citizens which includes Equality before the law, Religion, Sex, caste, place of birth,
the abolition of untouchability, freedom of speech and expression and prohibition
of employment of children in factories.

Article 14
Equality before the law which is interpreted in labour laws as “Equal pay for Equal
work”. It does not mean that article 14 is absolute. There are a few exceptions in
it regarding labour laws such as physical ability, unskilled and skilled labours shall
receive payment according to their merit.

In the case of Randhir Singh vs Union of India, the Supreme Court said that “Even
though the principle of ‘Equal pay for Equal work’ is not defined in the Constitution
of India, it is a goal which is to be achieved through Article 14,16 and 39 (c) of the
Constitution of India.

Article 16
Article 16 prohibits the State from discriminating on the basis of religion, race,
caste, sex, descent, place of birth, residence, or any combination of these
factors, and guarantees equal opportunity in public employment. The State is
also empowered to make special provisions for the underprivileged classes
under this Article.

Article 19 (1) (C)

Constitution guarantees citizens to form a union or association. The Trade Union
Act, 1926 works through this Article of the Constitution. It allows workers to form
trade unions.

Trade Unions provide the power to raise voice against atrocities done to the
workers. Unionization brings power to the laborers. Trade Unions discuss various
labour-related problems with the employers, they conduct strikes, etc.
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Article 21
Everyone has the right to life and liberty under Article 21. The definition of life
has become incredibly expansive. A lot of different rights that contribute to a
citizen’s personal liberty are included under the umbrella term ‘personal liberty’,
which has been given a very broad amplitude. Its derivation must follow the
appropriate legal process, which must be fair, just, and reasonable. According to
a broad interpretation, the right to life guaranteed by Article 21 encompasses
more than mere survival, existence, or animal existence. As a result, it
encompasses all aspects of life that contribute to a man’s life being meaningful,
complete, and worthwhile.

In the case of Charan Lal Sahu v. Union of India (1990)[2], the Supreme Court
of India held that the right to health and safety at the workplace is a
fundamental right of workers. The court emphasised that any violation of this
right can be challenged under Article 32 of the Constitution, which guarantees
the right to constitutional remedies, and that it is the duty of the employer to
provide a safe working environment. This case brought to light how important
it is to safeguard employees’ health and safety as a crucial component of their
right to life and personal freedom.

Article 23
Constitution prohibits forced labour. When the Britishers ruled over India, forced
labour was prevalent all over India. They were made to work against their will and
weren’t paid according to their work. The Government at that time were infamous
for forced labour and the landlords were also involved in forced labour.

In current times, forced or bonded labour is an offense which is punishable under

the law. The Bonded Labour (Abolition) Act, 1976 prohibits all kinds of bonded
labour and is declared illegal.

Article 24
Constitution prohibits all forms of child labour. Nobody can employ a child under
the age of 14 to work. Child labour was a massive problem of our country in the
earlier times and it still is happening but at a lower scale. The penalization of article
24 is severe.
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Relevancy of Part IV (Article 36 – 51) on Labour Laws
Part IV of the Constitution of India, which is also known as the “Directive
Principles of State Policy” aims to work toward the welfare of its citizens. DPSP
cannot be enforced in the court of law, but it provides a guideline to the legislature
for making labour laws in India.

Socio-economic justice, which is the main objective of the State as prescribed by

the Constitution, is emphasised in the Preamble to the Constitution. The framers
of the Constitution recognised that without economic democracy, political
democracy would be useless in a developing nation like India. As a result, they
added a few clauses to the Constitution that would help the socio-economic
situation of the general public. The directive principles work to establish some
socio-economic objectives that the Indian government must pursue to
strengthen and advance. The country is supposed to transition into social and
economic democracy through directive principles. These principles oblige the
State to act constructively in certain directions to advance the welfare of the
people and achieve economic democracy. In India, the executive and legislative
branches should exercise their authority in accordance with these principles.

In industrial legislation and adjudication, Articles 38, 39, 41, 42, and 43 are
particularly crucial. They serve as the ‘Magna Carta’ of industrial law or its
foundation. These obligations include the Central and State governments’ duty
to ensure social order and living wages in line with the economic and political
circumstances of the nation.

Article 39 (a)
“The State shall, in particular, direct its policy towards securing; That the citizens,
men and women equally, have the right to an adequate means of livelihood. It
means that every citizen of the country has the right to earn a livelihood without
getting discriminated on the basis of their sex.

Article 39 (d)
Constitution says that “The State shall, in particular, direct its policy towards
securing; that there is equal pay for equal work for both men and women. Wages
will not be determined on the basis of sex rather it will be according to the amount
of work done by the worker.
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Article 41
Constitution provides “ Right to Work” which means that every citizen of the
country has the right to work and the state with the best of its abilities will secure
the right to work and education.

Article 42
Provides for the upliftment of the working conditions for workers. It talks about
creating a suitable and Humane workplace. This article also talks about maternity
relief, i.e leave provided to women when they are pregnant.

Article 43
Talks about the “living wage” for its citizens. Living wage not only includes the
“bare necessities of life” but also the social and cultural upliftment of the person.
It also includes education and insurances for a person.

The State shall constantly try to create opportunities in the fields of Agriculture
and Industries with special reference to cottage industries.

Significance of Constitutional Protection of Labour Rights:

The constitutional protection of labour rights in India is of immense significance

as it ensures that workers are treated fairly, have access to just and humane
working conditions, and are protected against exploitation. Since it guarantees
that workers are treated fairly, have access to just and humane working
conditions, and are protected against exploitation, India’s constitutional
protection of labour rights is of utmost importance. These safeguards are
essential for the welfare and dignity of workers and support social justice and
the nation’s economic growth.

Ensures Workers’ Dignity and Well-Being: Workers are treated with respect and
dignity at work thanks to constitutional protection of their rights. In addition to
promoting equal pay, secure working conditions, and social security, it outlaws
discrimination, exploitation, and forced labour. These safeguards help workers
and their families live better lives overall and raise their standard of living.
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Promotes Social Justice and Equality: The Constitution’s protection of labour
rights reduces inequalities in income, status, and opportunity. It guarantees that
workers, including those from marginalised groups, have access to equal
employment opportunities and are not the target of prejudice on the basis of
caste, religion, gender, or other factors. Additionally, it encourages workplace
gender equality and outlaws child labour, fostering a more just and equitable
society.

Conclusion

Constitution of India is the base for all laws in our country. The labour laws are also
made according to the constitution and any violation of constitutional laws result
in the abolition of that particular law. The Directive Principles of the State policy
play a major role in the making of new labour laws in India.