39 The Indian Constitution and Labour Laws: Preamble, Fundamental Rights, Directive Principles (Articles 39 to 43A), Concurrent List Entries, the 42nd Amendment and Landmark Supreme Court Decisions
39.1 A Constitution that Speaks of Workers
The Constitution of India does not treat labour as an after-thought. Its Preamble speaks of justice — social, economic and political. Its Fundamental Rights protect equality, freedom of association, life, livelihood and the dignity of work. Its Directive Principles articulate a vision of a living wage, just and humane conditions of work, equal pay, social security and workers’ participation in management. The Indian Supreme Court has interpreted these provisions to give them substantive content. This chapter pulls together the constitutional framework that runs through every Indian labour statute.
39.2 1 · The Preamble — Three Words for Labour
The Preamble’s promise of JUSTICE, social, economic and political sets the tone. The Constituent Assembly built into it the vision of equality of status and opportunity, liberty of thought, expression, belief, faith and worship, and fraternity assuring the dignity of the individual — a framework that the rest of the Constitution then operationalises through fundamental rights, directive principles and division of legislative powers.
39.3 2 · Fundamental Rights and Labour — Part III
39.3.1 Article 14 — Equality before the Law
Article 14 guarantees that the State shall not deny to any person equality before the law or the equal protection of the laws. Applied to labour, this principle has been the foundation of decisions on:
- Equal pay for equal work (in conjunction with Article 39(d)).
- Non-discriminatory employment practices.
- Fair, non-arbitrary state action in employment.
39.3.2 Article 16 — Equality of Opportunity in Public Employment
Article 16 guarantees equality of opportunity in matters relating to employment under the State. It permits reservations in favour of backward classes (Article 16(4)).
39.3.3 Article 19(1)(c) — Freedom of Association
Article 19(1)(c) guarantees the right to form associations or unions — the constitutional foundation of trade unionism in India. The right is subject to reasonable restrictions under Article 19(4) on grounds of public order, morality and the sovereignty and integrity of India.
The Supreme Court has held that the right to form an association does not include the right to achieve all its objectives — in particular, there is no fundamental right to strike (see Section 7 below).
39.3.4 Article 21 — Right to Life and Livelihood
The expansive interpretation of Article 21 — “no person shall be deprived of his life or personal liberty except according to procedure established by law” — has made it the most powerful labour-rights provision. The right to life has been read to include the right to livelihood, the right to health, the right to humane conditions of work, and the right to human dignity.
39.3.5 Article 23 — Prohibition of Forced Labour
Article 23 prohibits trafficking in human beings and begar and other similar forms of forced labour. The Supreme Court interpreted begar expansively in Asiad Workers (PUDR) case (1982) — see Section 7.
39.3.6 Article 24 — Prohibition of Child Labour in Hazardous Work
Article 24 prohibits the employment of any child below the age of 14 years in any factory, mine or other hazardous employment.
| Article | Right |
|---|---|
| 14 | Equality before law |
| 16 | Equal opportunity in public employment |
| 19(1)(c) | Freedom to form associations / unions |
| 21 | Life, liberty, livelihood, dignity |
| 23 | Prohibition of forced labour and human trafficking |
| 24 | Prohibition of child labour in hazardous work |
39.4 3 · Directive Principles and Labour — Part IV
The Directive Principles of State Policy (Articles 36-51) are not enforceable in courts but are fundamental in the governance of the country. Many of them speak directly to labour.
39.4.1 Article 39 — Six Principles of State Policy
Article 39 directs the State to ensure:
- 39(a) — citizens have the right to an adequate means of livelihood.
- 39(b) — material resources of the community are distributed to subserve the common good.
- 39(c) — operation of the economic system does not result in concentration of wealth and means of production to the common detriment.
- 39(d) — equal pay for equal work for both men and women.
- 39(e) — health and strength of workers, men and women, and the tender age of children are not abused; citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
- 39(f) — childhood and youth are protected against exploitation and against moral and material abandonment.
39.4.2 Article 41 — Right to Work, Education and Public Assistance
Article 41 directs the State to make effective provision for securing the right to work, education and public assistance in cases of unemployment, old age, sickness, disablement and other cases of undeserved want.
39.4.3 Article 42 — Just and Humane Conditions and Maternity Relief
Article 42 directs the State to make provision for just and humane conditions of work and for maternity relief.
39.4.4 Article 43 — Living Wage
Article 43 directs the State to endeavour to secure, by suitable legislation, to all workers a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure, social and cultural opportunities; and to promote cottage industries.
39.4.5 Article 43A — Workers’ Participation in Management (42nd Amendment, 1976)
Inserted by the 42nd Constitutional Amendment in 1976, Article 43A directs the State to take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
39.4.6 Article 43B — Cooperative Societies (97th Amendment, 2011)
Added later, Article 43B directs the State to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies — relevant to cooperative labour organisations.
39.4.7 Article 47 — Standard of Living and Public Health
Article 47 directs the State to regard the raising of the level of nutrition and standard of living of its people and the improvement of public health as among its primary duties — a constitutional basis for occupational health and safety legislation.
| Article | Direction |
|---|---|
| 39(a) | Adequate means of livelihood |
| 39(d) | Equal pay for equal work |
| 39(e), (f) | Protection of worker health and child welfare |
| 41 | Right to work, education, public assistance |
| 42 | Just and humane conditions; maternity relief |
| 43 | Living wage; decent standard of life |
| 43A | Workers’ participation in management (42nd Amendment, 1976) |
| 43B | Cooperative societies (97th Amendment, 2011) |
| 47 | Standard of living and public health |
Article 43 = living wage and decent standard of life. Article 43A = workers’ participation in management (added by 42nd Amendment, 1976). NTA stems routinely test the distinction.
39.5 4 · The 42nd Amendment (1976) and Labour
The Forty-Second Amendment (often called the “mini-Constitution”) made several changes relevant to labour:
| Change | Detail |
|---|---|
| Added “Socialist” and “Secular” to the Preamble | Constitutional commitment to socialism |
| Inserted Article 39A | Equal justice and free legal aid |
| Inserted Article 43A | Workers’ participation in management |
| Inserted Article 48A | Protection of environment (linked to working conditions) |
| Strengthened Directive Principles’ role | Article 31C — laws giving effect to Directive Principles cannot be challenged on grounds of inconsistency with Articles 14, 19, 31 |
39.6 5 · Legislative Powers — The Seventh Schedule
The Constitution divides legislative power between the Centre and the States through three lists in the Seventh Schedule. Labour features prominently in the Concurrent List.
| Entry | Subject |
|---|---|
| 22 | Trade unions; industrial and labour disputes |
| 23 | Social security and social insurance; employment and unemployment |
| 24 | Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old-age pensions and maternity benefits |
| 36 | Factories |
| 65 | Jurisdiction and powers of all courts except the Supreme Court with respect to any of the matters in this list |
Both the Centre and the State Legislatures can legislate on these subjects; in case of repugnancy, the central law prevails (Article 254), unless the state law has received Presidential assent.
39.6.1 Union List (List I) Entries on Labour
| Entry | Subject |
|---|---|
| 7 | Industries declared by Parliament as necessary for defence or war |
| 55 | Regulation of labour and safety in mines and oilfields |
| 61 | Industrial disputes concerning Union employees |
| 65 | Union agencies and institutions for vocational training |
39.6.2 State List (List II) Entries
| Entry | Subject |
|---|---|
| 9 | Relief of the disabled and unemployable |
| 20 | Economic and social planning |
39.7 6 · Constitutional Reform Through Statute
Most of the Indian labour statutes can be read as legislative implementation of specific constitutional provisions.
| Constitutional provision | Implementing statute |
|---|---|
| Article 21 — life, livelihood, dignity | All labour welfare statutes; particularly Factories Act 1948 |
| Article 23 — forced labour | Bonded Labour System (Abolition) Act 1976 |
| Article 24 — child labour | Child Labour (Prohibition and Regulation) Act 1986; CLPR Act 2016 |
| Article 39(d) — equal pay for equal work | Equal Remuneration Act 1976; Code on Wages 2019 |
| Article 39(e) — protection of worker health | Factories Act 1948; OSH&WC Code 2020 |
| Article 41 — right to work and public assistance | Code on Social Security 2020; MGNREGA 2005 |
| Article 42 — just and humane conditions; maternity relief | Maternity Benefit Act 1961 (now in Code on Social Security 2020) |
| Article 43 — living wage | Minimum Wages Act 1948; Code on Wages 2019 |
| Article 43A — workers’ participation | Works committee, JMC, schemes of 1975 and 1983 |
| Article 47 — public health | ESI Act 1948; Factories Act 1948 |
39.8 7 · Landmark Supreme Court Decisions
The Indian Supreme Court has interpreted these constitutional provisions to give them substantive content in worker-protection cases.
39.8.1 Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978)
A seven-judge bench gave “industry” under Section 2(j) of the ID Act 1947 the broadest possible interpretation — covering virtually every systematic activity organised through employer-employee cooperation for the production or distribution of goods or services. Triple test: systematic activity + employer-employee cooperation + production or distribution of goods or services. The case remains the dominant interpretation despite later attempts to revisit it.
39.8.2 People’s Union for Democratic Rights (PUDR) v. Union of India (1982) — The Asiad Workers Case
In connection with workers building Asian Games venues in Delhi, the Supreme Court — speaking through Justice P. N. Bhagwati — held that:
- Begar under Article 23 includes any form of forced or involuntary labour, including labour given for less than the minimum wage.
- Payment below the minimum wage amounts to forced labour prohibited by Article 23.
- Workers can enforce their rights against private employers through Article 32, since the State has an obligation to ensure compliance.
The case dramatically expanded the reach of Article 23 from outright bondage to economic coercion of paying sub-minimum wages.
39.8.3 Bandhua Mukti Morcha v. Union of India (1984)
The Supreme Court treated bonded labour — particularly stone-quarry workers in Faridabad — as a violation of Article 23 and directed the State to identify, release and rehabilitate bonded labourers. The court directed public interest litigation (PIL) and suo motu judicial action to enforce constitutional rights.
39.8.4 Olga Tellis v. Bombay Municipal Corporation (1985)
Pavement-dwellers facing eviction successfully argued that the right to livelihood is part of the right to life under Article 21. The Court held that an important facet of the right to life is the right to livelihood — and that no person can be deprived of livelihood except by procedure established by law.
39.8.5 Workmen of Firestone Tyre and Rubber Co. v. Management (1973)
Established the boundary between management’s right to discipline workers and the labour court’s power to interfere — particularly in cases where the domestic enquiry is vitiated by violation of natural justice (covered in detail in Topic 27).
39.8.6 Excel Wear v. Union of India (1979)
Held that the original Section 25-O of the ID Act 1947 (requiring prior permission for closure) was unconstitutional as an unreasonable restriction on the right to carry on business under Article 19(1)(g). The provision was redrafted to require reasons for refusal and a time-limited government response — restoring constitutionality.
39.8.7 Randhir Singh v. Union of India (1982)
Held that the principle of “equal pay for equal work” — though contained in the Directive Principles (Article 39(d)) — is enforceable through Article 14 (equality) read together with Article 16 (equality of opportunity).
39.8.8 Air India v. Nargesh Meerza (1981)
Struck down service regulations that required female air hostesses to resign on marriage or first pregnancy — finding the rules arbitrary and violative of Article 14.
39.8.9 Vishakha v. State of Rajasthan (1997)
In the absence of statutory law on sexual harassment at the workplace, the Supreme Court laid down the Vishakha Guidelines under Articles 14, 19 and 21 — later codified in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
39.8.10 T.K. Rangarajan v. State of Tamil Nadu (2003)
Held that government employees have no fundamental, statutory or moral right to strike — observing that the right to strike is not constitutionally protected (covered in Topic 33).
39.8.11 State of Punjab v. Jagjit Singh (2016)
Held that the principle of equal pay for equal work applies to temporary and daily-wage employees doing the same work as regular employees — extending the protection of Article 14 + Article 39(d) into the casual workforce.
| Case | Constitutional anchor | Holding |
|---|---|---|
| Bangalore Water Supply (1978) | Section 2(j) ID Act | Broad definition of “industry” |
| PUDR (1982) | Article 23 | Sub-minimum wages = forced labour |
| Bandhua Mukti Morcha (1984) | Article 23 | Bonded labour identification + release |
| Olga Tellis (1985) | Article 21 | Right to life includes livelihood |
| Excel Wear (1979) | Article 19(1)(g) | Original Section 25-O unconstitutional |
| Randhir Singh (1982) | Articles 14, 16, 39(d) | Equal pay for equal work enforceable |
| Air India v. Nargesh Meerza (1981) | Article 14 | Marriage-bar rules arbitrary |
| Vishakha (1997) | Articles 14, 19, 21 | Sexual-harassment guidelines |
| T.K. Rangarajan (2003) | Article 19(1)(c) | No fundamental right to strike |
| Jagjit Singh (2016) | Articles 14, 39(d) | Equal pay for daily-wage workers |
39.9 8 · The Constitution and the Four Labour Codes
The Four Labour Codes of 2019-2020 can be read as the most ambitious legislative consolidation in the constitutional implementation of labour rights since Independence. The Codes:
- Operationalise Article 43 (living wage) through the Code on Wages 2019 with a universal floor wage.
- Build on Article 41 (public assistance) through the Code on Social Security 2020 with gig and platform-worker coverage.
- Implement Article 42 (just and humane conditions; maternity) and Article 47 (public health) through the OSH&WC Code 2020.
- Strengthen Article 19(1)(c) through statutory union recognition under the Industrial Relations Code 2020.
The thresholds raised (e.g., 300+ workmen for retrenchment / closure approval) have been challenged on constitutional grounds; the Supreme Court has yet to deliver a definitive ruling on the Codes as a package.
39.10 9 · Modern Constitutional Dimensions
- Gig and platform workers — emerging questions of whether they fall within the constitutional protection of “workmen”.
- Right to social security — increasingly read into Article 21.
- Right to safe working conditions — particularly after COVID-19.
- Algorithmic management — challenges to Article 14 (non-arbitrary state action) when extended through algorithm-driven employers.
- Climate justice and just transition — workers in carbon-intensive sectors and their constitutional protection.
- Remote work and digital labour — testing the contours of “place of work” in protective statutes.
39.11 10 · The Continuing Constitutional Conversation
The relationship between the Constitution and Indian labour law is best understood as a continuing conversation. Statutes implement constitutional directives; courts interpret statutes against the constitutional backdrop; the Constitution itself is amended to keep pace (Article 43A in 1976, Article 43B in 2011). The Four Labour Codes are the latest chapter in this conversation — and the new constitutional questions they raise will occupy Indian courts for years to come.
39.12 Practice Questions
The directive principle for a living wage and decent standard of life for workers appears in:
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Article 43A — workers' participation in management — was inserted by:
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Prohibition of child labour in hazardous work below age 14 is in:
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The Asiad Workers (PUDR) case held that payment below the minimum wage amounts to:
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Olga Tellis v. Bombay Municipal Corporation (1985) is famous for holding that:
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Trade unions and industrial & labour disputes appear under which entry of the Concurrent List?
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"Equal pay for equal work" is contained as a Directive Principle in:
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The right to humane working conditions has primarily been derived from:
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Match the Article with its content:
| (i) | Article 23 | (a) | Workers' participation |
| (ii) | Article 24 | (b) | Forced labour prohibited |
| (iii) | Article 43 | (c) | Child labour prohibited |
| (iv) | Article 43A | (d) | Living wage |
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Bandhua Mukti Morcha v. Union of India (1984) dealt primarily with:
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The constitutional foundation of trade unionism is:
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The Vishakha v. State of Rajasthan (1997) judgment dealt with:
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Air India v. Nargesh Meerza (1981) struck down a regulation requiring:
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Just and humane conditions of work and maternity relief are directed by:
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The Bangalore Water Supply triple test for "industry" requires all except:
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T.K. Rangarajan (2003) held that government employees have:
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The expanded interpretation of "begar" in Article 23 was given in:
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State of Punjab v. Jagjit Singh (2016) extended the equal-pay-for-equal-work principle to:
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Which Article was not inserted by the 42nd Amendment?
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Excel Wear v. Union of India (1979) is best known for:
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39.13 Quick Recall
- Preamble — Justice (social, economic, political), Liberty, Equality, Fraternity.
-
Fundamental Rights (Part III) bearing on labour:
- Article 14 — Equality before the law.
- Article 16 — Equal opportunity in public employment.
- Article 19(1)(c) — Freedom to form associations / unions.
- Article 21 — Right to life, livelihood, dignity, humane conditions.
- Article 23 — Prohibition of forced labour (begar).
- Article 24 — No child labour below 14 in hazardous work.
-
Directive Principles (Part IV) bearing on labour:
- Article 39(d) — Equal pay for equal work.
- Article 39(e), (f) — Protection of worker health and child welfare.
- Article 41 — Right to work, education, public assistance.
- Article 42 — Just and humane conditions; maternity relief.
- Article 43 — Living wage; decent standard of life.
- Article 43A — Workers’ participation in management (42nd Amendment 1976).
- Article 47 — Public health and standard of living.
- 42nd Amendment (1976) added Articles 39A, 43A, 48A; inserted “Socialist” and “Secular” in the Preamble.
- Seventh Schedule — Concurrent List entries: 22 (TU & disputes), 23 (social security), 24 (welfare of labour), 36 (factories).
-
Landmark cases:
- Bangalore Water Supply (1978) — broad definition of “industry”; triple test.
- PUDR / Asiad Workers (1982) — Article 23: sub-minimum wages = forced labour.
- Bandhua Mukti Morcha (1984) — bonded labour.
- Olga Tellis (1985) — Article 21: right to life includes livelihood.
- Excel Wear (1979) — original Section 25-O struck down.
- Randhir Singh (1982) — equal pay enforceable through Articles 14 + 16 + 39(d).
- Air India v. Nargesh Meerza (1981) — marriage-bar struck down.
- Vishakha (1997) — sexual-harassment guidelines.
- T.K. Rangarajan (2003) — no fundamental right to strike for government employees.
- Jagjit Singh (2016) — equal pay extended to daily-wage workers.
- Four Labour Codes 2019-2020 can be read as the latest legislative implementation of constitutional labour directives.