CONSTITUTIONAL PROVISIONS RELATED TO LABOUR AND EMPLOYMENT LAW

(ARTICLES 14, 15,16,17,19,21,23,24, 38,42,47)

INTRODUCTION

The Indian Constitution establishes the foundation for the governance of the country and is the ultimate law of the land. It offers certain clauses that protect workers' and employees' rights, guaranteeing their well-being and respect at work. Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) of the Constitution are the main sections that highlight labor rights. These clauses seek to uphold employees' rights while encouraging an equitable and just workplace.

FUNDAMENTAL RIGHTS

Fundamental Rights are guaranteed under Part III of the Constitution of India and also extends to the area of labour laws protecting the workers’ rights and interests.

1. ARTICLE 14: RIGHT TO EQUALITY

Article 14 guarantees right to quality before law and equal protection for law to all the individuals within the territory of India. It enusures that there is no discrimination in employment and that every worker has equal access to employment oppurtunities, wages and working conditions.

• NATIONAL FEDERATION OF WOMEN V. UOI (2004)

Under Article 14, the Supreme Court affirmed the constitutionality of the Maternity Benefit Act, 1961, stating that the measure was intended to protect women workers from gender-based discrimination and to ensure social fairness. The ruling stressed that unique arrangements for female employees were necessary for social welfare and did not infringe upon equality.

2. ARTICLE 15

Article 15 ensures that no personal shall be discriminated on the basis of gender, caste, sex, race, religion, place of birth or any of them; or no citizen on the said grounds can be subjected to any liabiliyt, disability , restrictions or conditions with regards to access to shops, wells, public restaurants or the usage of roads, ghats etc.

Exceptions: special provisions may be made for women and children (example-maternity benefit act, abolition of child labour, special attention to women and children in terms of hygiene and flexible working hours), special provisions for SEBCs, SCs and STs.

• VISHAKHA V. STATE OF RAJASTHAN (1997)

This case is crucial to comprehending workplace gender equality. To prohibit sexual harassment in the workplace, the Supreme Court established the Vishaka Guidelines, which were eventually enshrined in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013¹.

• STATE OF KERALA V. N.M THOMAS (1976)

The Supreme Court maintained that in order to attain equality in practice, affirmative discrimination is required. The Court made it clear in this instance that Article 15(4) allows for exceptional arrangements for the progress of underprivileged groups, even when it comes to employment in the public sector.

3. ARTICLE 16: EQUALITY OF OPPURTUNITY

Article 16(1) ensures that the State (government or public sector) offers equal opportunities in public employment. This means workers, employees, or applicants for jobs in the public sector cannot be discriminated against based on arbitrary factors like caste, sex, religion, race, or place of birth. It prevents unfair practices in recruitment, ensuring that every citizen has an equal chance of employment based on merit, without bias or discrimination.

Article 16(2) provides protection against discrimination based on sex, which plays a critical role in gender equality in the workplace. Laws such as the Equal Remuneration Act, 1976, the Maternity Benefit Act, 1961, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 are grounded in the constitutional guarantee of equality of opportunity and non- discrimination based on gender. Employers are prohibited from discriminating against women in matters of hiring, wages, and other employment benefits.

Article 16(4) allows the State to make reservations in favor of backward classes, ensuring that disadvantaged sections of society, such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), have access to public employment. This provision is important for promoting social justice in public sector jobs. Labor laws related to reservations in government jobs align with this provision. For example, the Reservation Policy in India ensures that certain percentages of government job positions are reserved for SCs, STs, and OBCs, providing them access to opportunities that may otherwise be denied due to historical and social disadvantages.

• INDIRA SHAWNEY V. UOI (1992)

In this instance, the Supreme Court upheld the OBC (Other Backward Classes) quota system in public employment by interpreting Article 16(4). The Court upheld the need for reservations in order to advance social and economic fairness and guarantee that underrepresented groups were adequately represented in public services.

• GOVERNMENT OF NCT OF DELHI V. VEENA (2005)

The Supreme Court decided in this case that public employment cannot be restricted or refused on the basis of arbitrary considerations under Article 16. Regardless of caste, creed, or religion, the case emphasized the necessity for equitable opportunity through the non-discrimination provision.

4. ARTICLE 17: ABOLITION OF UNTOUCHABILITY

Article 17 directly addresses the social evil of untouchability, which historically oppressed individuals belonging to lower castes (especially Scheduled Castes and Scheduled Tribes). This practice often led to exploitation, denial of rights, and dehumanizing treatment, including in workplaces.

Article 17 ensures that workers from Scheduled Castes (SCs) and Scheduled Tribes (STs) cannot be subjected to discriminatory treatment or exploitation at the workplace based on their caste or social status. It lays the foundation for labour laws that guarantee equal treatment and protection against exploitation for all workers, irrespective of their caste.

• BANDHUA MUKTI MORCHA V. UOI (1984)

Bonded labor and the problem of untouchability are closely linked to this historic case. The Supreme Court declared that bonded labor and forced labor, which are frequently connected to discrimination based on caste, are unconstitutional and should be

abolished. The Court acknowledged that workers from marginalized populations are protected from exploitation by the right to life and dignity guaranteed by Article 21.

5. ARTICLE 19: FREEDOM OF SPEECH AND EXPRESSION

Article 19 of the Indian Constitution guarantees several important fundamental freedoms to Indian citizens. These freedoms are essential in ensuring individual autonomy and democratic participation.

Article 19 provides for the following fundamental freedoms:

1. Article 19(1)(a) - Freedom of speech and expression. This provision is central to labour law, as trade unions are essential vehicles through which workers can assert their rights and fight for their welfare.The Trade Unions Act, 1926 was enacted to facilitate the formation and registration of trade unions in India. This law empowers workers to form trade unions, negotiate collective bargaining agreements, and engage in other activities to protect their interests. Right to collective bargaining is integral to trade union activity. Trade unions use this right to negotiate wages, working conditions, safety measures, and other benefits for workers.
2. Article 19(1)(b) - Freedom to assemble peacefully without arms. Grants citizens the right to assemble peacefully. This right is important for workers who wish to organize protests, strikes, or other forms of collective action to demand better wages, improved working conditions, and other benefits. The Industrial Disputes Act, 1947 allows workers to strike under certain circumstances. The law recognizes the right of workers to express their grievances through collective actions like strikes and demonstrations.
3. Article 19(1)(c) - Freedom to form associations or unions.
4. Article 19(1)(d) - Freedom to move freely throughout India.
5. Article 19(1)(e) - Freedom to reside and settle in any part of India.
6. Article 19(1)(g) - Freedom to practice any profession, or to carry on any occupation, trade or business. Guarantees the right to practice any profession or to carry on any occupation, trade, or business. This right also extends to workers, as they have the freedom to pursue employment in any occupation of their choice.

Article 19(6) permits the state to impose reasonable restrictions on some of these rights in the interest of the sovereignty and integrity of India, the security of the state,

friendly relations with foreign countries, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offense.

• BANGALORE WATER SUPPLY AND SEWERAGE BOARD V. A. RAJAPPA (1978)

In order to safeguard their interests, the Supreme Court ruled that employees had the right to organize collective bargaining and to establish trade unions. The significance of trade unions in connection to industrial relations and workers' rights was highlighted by this case.

6. ARTICLE 21: RIGHT TO LIFE AND PERSONAL LIBERTY

“No person shall be deprived of his life or personal liberty except according to procedure established by law.” Article 21 guarantees that every person, including workers, has the right to life and personal liberty, which cannot be violated except by the procedure established by law. It is through judicial interpretation that the scope of Article 21 has expanded to cover a variety of labour-related rights, including the right to a safe working environment, right to work in dignity, and the right to fair wages.

RELEVANT CASE LAWS: M.C. Mehta v. UOI, Bandhua Mukti Morcha v. UOI, Vishakha v. State of Rajasthan.

7. ARTICLE 23: PROHIBITION OF FORCED LABOUR

Article 23 prohibits human trafficking and forced labor, ensuring that no individual can be forced to work under conditions that deprive them of their dignity.

• PEOPLE’S UNION OF DEMOCRATIC RIGHTS V. UOI (1982)

The Bonded Labour System (Abolition) Act of 1976 was declared to be in compliance with Article 23 by the Supreme Court. The Court underlined that forced work was forbidden by Article 23 and that bonded labor was a violation of human dignity. It reaffirmed the state's obligation to shield employees from unfair labor practices.

8. ARTICLE 24: PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES

According to Article 24, children under the age of 14 are not allowed to work in mines, factories, or any other dangerous jobs.

• M.C. MEHTA V. UOI (1987)

Also known as the Shivkashi Fireworks Case. Maintained the ban on child working in dangerous industries. After examining the extent of Article 24, the Supreme Court concluded that Article 21, which guarantees the right to life and personal liberty, includes the right to work in a healthy atmosphere.

DIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principles of State Policy of the DPSPs are guaranteed under Part IV of the Constitution of India, intends to serve as a guide for the Indian government as it drafts laws and policies to advance social and economic well-being. Despite not being justifiable—that is, they cannot be enforced by courts—DPSPs have a tremendous influence on legislation and public policy, especially when it comes to labor laws and workers' rights. The DPSPs seek to create a just social structure and set the groundwork for a welfare state. The protection and well-being of employees, the enhancement of working conditions, and the advancement of social justice in the workplace are all directly or indirectly related to many of these values.

1. ARTICLE 38: PROMOTION OF WELFARE OF THE PEOPLE
   1. “The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice—social, economic, and political—shall inform all the institutions of the national life.”
   2. “The State shall, in particular, strive to minimize the inequalities in income, status, facilities, and opportunities.”

States the foundation for promoting workers' welfare, including their economic security, health, and dignity in the workplace. It also supports the creation of laws and schemes aimed at reducing income disparities and improving working conditions.

2. ARTICLE 42: JUST AND HUMANE CONDITIONS OF WORK

Forms the foundation for labor laws that protect workers' rights to maternity benefits, fair working conditions, and employment. It promotes the adoption of laws like the Maternity Benefit Act and regulations that guarantee workers' social security.

3. ARTICLE 47: DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION

“The State shall regard raising the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.”

This article supports the creation of social security schemes and welfare measures for workers, such as the Employees’ State Insurance (ESI) Act, 1948, which provides medical care and benefits to workers in case of injury, illness, or maternity.

AUTHOR: Debashrita Manik. LLM, KIIT SCHOOL OF LAW

¹ https://www.indiacode.nic.in/bitstream/123456789/2104/1/A2013-14.pdf