In this post, we will learn about the Constitutional Provisions under Industrial Relations and Labour Laws.
Constitutional Provisions under Industrial relation
Industrial Relations say about social & economic justice and promote equality and a welfare society. Indian Constitution has many provisions that support Industrial relations.
Preamble –
- Welfare State
- Socialist
- Equitable Society
- Social & Economic Justice
- Labour is mentioned in the concurrent List
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Important Articles
| Article | Subject |
|---|---|
| Article 14 | Equality before law |
| Article 15 (3) | Prohibition against discrimination. States are ensured to make special provisions for women & Children |
| Article 19 (1) C | Freedom of Expression. Can form associations or unions. |
| Article 21 | Right to Life No person shall be deprived of his life or personal liberty except according to the procedure established by law. |
| Article 23 | Right against exploitation. Prohibition of human trafficking, beggar and child. |
| Article 24 | Right against exploitation. No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. |
| Article 38 | The state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice – Social, economic & political and shall inform all the institution of the national life. |
| Article 39 | Equal rights & equal pay for men and women Distribution of ownership and control over natural resources equally. To ensure that the economic system should not result in the concentration of wealth. Protect the health and strength of workers and the tender age of children. |
| Article 39A | The state shall secure that the operation of the legal system promotes justice and free legal aid. |
| Article 41 | The state shall secure that the operation of the legal system promotes justice, and free legal aid. |
| Article 42 | Provision for securing just and humane conditions of work and for maternity relief. |
| Article 43 | The state shall endeavour to secure, by suitable legislation or economic organisation or in any other way, 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. |
| Article 43A | The state shall 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. |
| Article 47 | The state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular, the state shall endeavour to bring about prohibition of the consumption. |
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The Organisation of Industrial Relations in India
The framework for industrial relations in India is formed by a number of labour legislations in the country that contain obligations and duties for both employers and workers. Under the constitution of India, labour is a subject in the Concurrent List, which empowers both the Central and State Governments to enact legislation subject to certain matters being reserved for the Centre.
Labour Jurisdiction – Constitutional Status
| Union List | Concurrent List |
|---|---|
| Entry No. 55: Regulation of labour and safety in mines and oil fields | Entry No. 22: Trade Unions; Industrial and labour disputes |
| Entry No. 61: Industrial disputes concerning Union Employees | Entry No. 61: Industrial disputes concerning Union Employees |
| Entry No. 65: Union agencies and institutions for professional, vocational or technical training. | Entry No. 24: Welfare of labour including conditions of work, provident funds, employers invalidity, and old age pension and maternity benefit. |
| Entry No. 25: Vocational and technical training of labour |
FAQs on Constitutional Provisions under Industrial relation and Labour Laws
In which list of the Indian constitution, Labour comes?
labour is a subject in the Concurrent List
How Indian Constitution favour Industrial relations?
The Preamble of Indian Constitution provides several provisions that favour industrial relations in the –
Welfare State
Socialist
Equitable Society
Social & Economic Justice