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An Overview of Labour Laws - Constitution of India

• The Constitution of India plays an important part in the growth and development
of labour laws in India.
• Concepts like Preamble, Fundamental Rights, DPSP played an important role in
the development of various provisions related to labour welfare.
• The concept of Preamble was borrowed from the US Constitution
• The concept of Fundamental Rights was borrowed from the US Constitution
• The concept of Directive Principles of State Policy was borrowed from the
Constitution of Ireland.
• Preamble talks about Social and Economic justice in order to remove social and
economic inequality among the masses.
• Article 14 of the Constitution talks about the concept of equality before the law.
• 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 of the
Constitution of India.
• Article 15 (3) provides that State can make special provision for the advancement
of women, children.
• Article 15 (4) provides that State can make special provision for the advancement
of backward classes of citizens or for the Scheduled Castes and the Scheduled
Tribes.
• According to Article 16 (4), State may make reservation of appointments or posts
in favour of any ‘backward class’ of citizens or for the Scheduled Castes and the
Scheduled Tribes. State may make reservation of promotion, seniority in favour of
any ‘backward class’ of citizens or for the Scheduled Castes and the Scheduled
Tribes
• Article (19) (1) (c) states that, workers have a Right to form Trade Unions.
• Labour Unions or Trade Unions are the organizations formed by workers that
work for the common interest of its members. These unions help workers in issues
like fairness of pay, good working environment, hours of work and benefits.
• Right to life and personal liberty is provided under article 21 of the Constitution.
According to Article 21, non-payment of minimum wages to the workers violates
the Right to life.
• Article 23 of the constitution prohibits any kind of forced labour. When a person
provides labour of service to another for remuneration which is less than the
minimum wage, the labour or service provided by him clearly falls within the
scope and ambit of the words “forced labour”.
• The Bonded Labour System (Abolition) Act, 1976 prohibits all kinds of bonded
labor and is declared illegal.
• Article 24 prohibits all forms of child labour and states that nobody can employ a
child under the age of 14 to work.
• Child Labour (Prohibition and Regulation) Act was enacted in the year 1986.
• Article 38 provides that, State shall strive to promote the welfare of the people by
securing and protecting social justice, economic justice and political justice.
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• State shall strive to minimise the inequalities in income, and endeavour to

eliminate inequalities in status, facilities and opportunities. These inequalities can
be minimized through payment of pension and minimum wages.
• Article 39 provides that certain directive principles need to be followed by the
state like men and women have the right to an adequate means of livelihood,
operation of the economic system does not result in the concentration of wealth,
there is equal pay for equal work for both men and women.
• Article 39A of the Constitution provides for equal justice and free legal aid, in
order to ensure that opportunities for securing justice are not denied to any citizen
by reason of economic or other disabilities.
• Article 41 provides that State shall make effective provision for securing the right
to work, to education and to public assistance in cases of unemployment, old age,
sickness and disablement.
• Article 42 provides that shall make provision for securing just and humane
conditions of work and for maternity relief.
• Article 43 provides that State shall secure, to all workers, agricultural, industrial
or otherwise, work, a living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities. It further
states that the State shall endeavour to promote cottage industries on an
individual or co-operative basis in rural areas.
• Article 43A provides that State to secure the participation of workers in the
management.
• Article 47 provides that it is the duty of the State to secure raising of the level of
nutrition and the standard of living of its people and the improvement of public
health. It further provides that State shall endeavour to bring about prohibition of
the consumption except for medicinal purposes of intoxicating drinks and of drugs
which are injurious to health.

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