Article Review

GLOBALIZATION AND LEGAL PROTECTION OF LABOUR IN INDIA

Mouneesh S (17040142015)

Batch 2017-22

Submitted to:

Prof. GyanashreeDutta

Alliance School of Law

Alliance University, Bangalore

Date of Submission: 30.03.2021

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Rajendra Prasad Pandey, “GLOBALIZATION AND LEGAL PROTECTION OF LABOUR
IN INDIA” The Indian Journal of Political Science, vol. 71, no. 1, 2010, pp. 133–144. 

Published by: Indian Political Science Association

Introduction

In this article the author briefly talks about the rapid growth of globalization and how it is
striking the roots of labour laws in India. The author emphasis that though the globalization has
created huge business potential it adversely effects the interests of the labours as a result lot
many workers are on the mercy of capitalists to hire or fire them in the name of contracts. The
glaring feature of Capitalism is the unequal relationship between the Labour and Capital how
they sought protection against the exploitation and how the emergence of number of labour
welfare legislation to improve the conditions of the workers. The author attempts to analyze the
system of legal protection in India and its potential dangers.

Analysis

In the first part of the article the author briefs about constitutional vision on labour issues where
he bring in light that the preamble of the Indian constitution which secures for decent and
dignified life and also throws light on Fundamental rights enshrined under part III( Article 16,
19, 23, 24) and Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India
keeping in line with Fundamental Rights and DPSP particularizes specific aspects of labour law
legislations to ensure better conditions of labour at workplace.

Furthermore on globalization and legal Protection of labour laws in India, cooperative

legislations have come up after a prolong struggle by the workers class as a consequence during
the time of independence the body of labour laws in India was comprehensive covering most of
the industrial related issues. The main scope of Labour legislation is to treat labours as the
member of group and further on their betterment. The Author apparently says that the Labour
law in India is vast and over a period the government has come up with much legislation to
improve the conditions of the workers however the conditions of unorganized workers remains
the same as if no law existed for them.

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In the last part, the author sheds lights on The Indian Journal of Political science where he says
that in India both State and Central government can make laws related to labour issues. The
labour legislation falling under social security laws consisted certain benefits such as, sickness, ,
maternity, retirement so on. Still the constitutional makers ingrained wide range of provisions
aiming to provide visions for future rulers for better conditions of workers as the subversive
functioning the structure of labour laws are not sufficient to face the globalization.

Conclusion

By this article its clearly understood that the gradual consolidation process of globalization in
India has affected upon the life of labourers apart from certain constitutional safe guards to
unorganized labour force in India and labour legislations, there is urgent need to take pro-active
steps by employers and see that this substantial section of society lives decent and dignified life
and with adequate social security.