Abstract
The Indian Constitution is the ultimate Law of the country, and all legislations are based on it. It is the world’s largest written Constitution and one of the basic national documents. The Constitutional trinity guarantees its citizens a “Socialistic Pattern of Society” and a “Welfare State”. It presents the aspirations of the weaker sections of society, particularly the working classes, and offers basic principles for governance. Every single Act that was in effect before the adoption of the Constitution was either altered or revoked once it went into effect. The evolution and development of India’s Labour laws are significantly influenced by the Constitution. Working class-related benchmark legislation is mentioned in the Fundamental Rights and Directive Principles of State Policy (DPSP) contained in Parts III and IV of the Indian constitution. According to the Indian Constitution, Labour is a topic of its Concurrent List, meaning that both the Union and the State Governments have the authority to enact and enforce labour laws. The Author by exploring the articles of the constitution relating to labour welfare provides an insight into the legal and philosophical foundations of India’s labour welfare policies. By examining these articles, people can get deeper knowledge about country’s commitment to protecting and promoting the well being of its workforce.
Keywords: Indian Constitution, Fundamental Rights, DPSP, Labour Welfare, Legislations.
INTRODUCTION
The term “Constitution” refers to a fundamental document of governance that is present in the majority of nations across the world. The nation’s Constitution acts as the primary basis for the nation’s legal system, providing the foundation upon which all other laws are enacted and maintained. There is not a single authority, department, or branch of the State that is superior to or goes beyond the Constitution or that possesses power that is unregulated and unrestrained. The Constitution is the source of power for all parts of Government, including the executive, legislative, and judicial branches of Government. As a consequence of this, a Constitution is the supreme or primary law of the nation.
It presents the aspirations of the weaker sections of society, particularly the working classes, and offers basic principles for governance. Every single Act that was in effect before the adoption of our Constitution was either altered or revoked once it went into effect. The evolution and development of India’s labour laws are significantly influenced by our Constitution.[1]According to the Indian Constitution, labour is a matter of its Concurrent list, meaning that both the Union and the State Governments have the authority to enact and enforce labour laws.[2]
[1] D.D. Basu, Introduction to the Constitution of India, 2 (Lexis Nexis, 20thedn., 2011).
[2] Study Material Professional Programme Labour Laws &Amp; Practice, available at: https://www.icsi.edu/media/webmodules/Labour_Laws&_Practice.pdf (last visited on December 23, 2020).