The Indian constitution is the longest constitution of the world till date and it is a basic for passing any Act in the India. Also the Acts which enacted before the constitution was also faced small changes. The labour laws In India was faced so many changes after the enactment of the constitution of India. The constitutional rights and directives was comes under the part III & IV. In that the part iii is the benchmark for the labour laws. In the part III covers the fundamental rights for the religion, sex, caste, religion, law, speech, expression and abolition of untouchability and child labour in factor.
PART III
Article 14
“Equal pay for equal work” it is the main concept for the article 14. There is also some exceptions in labour law in physical work, skilled and unskilled labour will get their payment according to their labour work. The famous case of Randhir Singh vs Union of India, the supreme court judgment says “even through the principle of ‘equal pay for equal work’ is not defined in the constitution of India” this goal achieved through acritical 14,16 and 36 of the Indian constitution.
Article 19 (1) (c)
Indian constitution allows its people to form a union or association. The 1926 act allows the workers to form trade union. It helps the workers to stand against the capitalist and bring them together for their own unity, it shows the power of the labour union. The organise many union meeting and discussed about the labour problem and even they do strikes against the capitalist.
Article 23
During the British rule in India the forced labour system of wide speard all over the India and by this article 23 of Indian constitution the forced labour was prohibits. The peoples were forced and they were made to work against their own will and this was also supported by the government and the landlords were also involved in it. In today’s condition the forceable or bonded labour is a punishable crime under the Indian constitution. Bonded labour abolition act of 1976 says all the forced and bonded labour in illegal against the Indian constitution.
Article 24
The Indian constitution say all forms of child labour is illegal and it says child working under 14 is not suppose to work as a labour. This is one of the serious issue in our nation and till now many children were working in the small scale level.
PART IV
This part four is DPSP- “directive principles of state policy” it says about the welfare of the peoples. DPSP cannot be in the court of law, but it provides a guideline to the legislature for making labor laws in india.
Article 41
Right to work, which say the people of the country should work their own willing job and no one can force them for any work. The state want to give them full rights for their education and the work.
Article 42
This is to empower the condition of the workers and to create a suitable and humane workplace and another important point is about the maternity relief, [eg: leave for pregnant women]
Article 43
This says about the social and cultural upliftment of a individual and also about the living wage of the person. The education and insurance of a person is also included in this article. The state want to show more concentrate in agriculture and industries with the spl reference of the cottage industries.
