Constitutional Provisions in Labour and Industrial Law
The Constitution of India lays the foundation for labour and industrial laws in the country. It provides various provisions that safeguard the rights of workers and ensure social justice and equity in the workplace.
Key Constitutional Provisions
1. Fundamental Rights (Part III)
- Article 14: Equality before law and equal protection of the laws.
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16: Equality of opportunity in matters of public employment.
- Article 19(1)(c): Freedom to form associations or unions.
- Article 21: Protection of life and personal liberty — interpreted to include the right to livelihood.
2. Directive Principles of State Policy (Part IV)
- Article 39: Adequate means of livelihood for all citizens, equal pay for equal work, protection of workers (men, women, children).
- Article 41: Right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disability.
- Article 42: Provision for just and humane conditions of work and maternity relief.
- Article 43: Living wage, decent standard of life, and social and cultural opportunities for all workers.
- Article 43A: Participation of workers in the management of industries.
3. Concurrent List (Seventh Schedule - List III)
Labour falls under the Concurrent List, which means both the Central and State Governments can make laws on labour matters. Major entries include:
- Entry 22: Trade unions, industrial and labour disputes.
- Entry 23: Social security and social insurance; employment and unemployment.
- Entry 24: Welfare of labour, conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions.
- Entry 36: Factories.
- Entry 37: Boilers.
Conclusion
The Constitution of India provides a robust framework to ensure fairness, equality, and protection of rights for labourers and industrial workers. These provisions form the basis for numerous labour laws enacted in India.
Empowering workers is a constitutional commitment towards a just and humane society.
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