CS Professional · Labour Laws and Practice

Constitution and Labour Laws: formula sheet

Full chapter guide

Key formulas

Article 14 and 16: Equality before law (Art. 14); equality of opportunity in public employment (Art. 16); Use for discrimination, arbitrary termination and public sector service questions.
Article 19(1)(c): Right to form associations or unions, subject to reasonable restrictions under Art. 19(4); Foundation for trade unions. It does not by itself give a right to strike.
Article 21: Protection of life and personal liberty, read to include dignity and humane working conditions; Courts have extended it through interpretation; say 'judicially interpreted'.
Articles 23 and 24: Art. 23: no forced labour or trafficking; Art. 24: no child below 14 in factory, mine or hazardous employment; Articles 17, 23 and 24 operate against private persons as well as the State, because they prohibit the conduct itself.
Directive Principles for labour: Arts. 39, 41, 42, 43, 43A; Non-justiciable, but the State must apply them in making laws.
Concurrent List rule: List III: Entry 22 trade unions and industrial and labour disputes; Entry 23 social security and social insurance, employment and unemployment; Entry 24 welfare of labour (conditions of work, provident funds, workmen's compensation, pensions, maternity benefits); some related matters sit in other Lists; conflicts resolved under Art. 254; Both Union and States can legislate on List III. In conflict, the Central law prevails to the extent of repugnancy unless Art. 254(2) applies (State law with Presidential assent prevails in that State). Under the proviso to Art. 254(2), Parliament may at any time add to, amend, vary or repeal that State law, and it yields to the extent of the repugnancy.
Article 14: Equality before law + equal protection of the laws; Classification must be reasonable: an intelligible differentia with a rational link to the object of the law.
Article 15(1): State shall not discriminate on grounds only of religion, race, caste, sex, place of birth; The word 'only' matters. Article 15(3) allows special provisions for women and children.
Article 16(1): Equality of opportunity in matters of public employment; Applies to employment or appointment under the State. Article 16(4) allows reservation for backward classes not adequately represented.
Article 19(1)(c): Right of citizens to form associations or unions; Subject to reasonable restrictions under Article 19(4). It does not carry a guaranteed right to strike or to recognition.
Article 21: No person shall be deprived of life or personal liberty except by procedure established by law; Interpreted by courts to include dignity at work. Cite the case holding with care.
Article 23: Prohibition of traffic in human beings, begar and other similar forced labour; Available against private persons as well as the State. The State may impose compulsory service for public purposes, without discrimination only on religion, race, caste or class.
Article 24: No child below 14 years employed in a factory, mine or other hazardous employment; Does not ban all child work. It bans work in hazardous settings.
Article 37 rule: DPSP = not enforceable by courts, but fundamental in governance; Always state both halves. The State must apply them in making laws.
Article 39(a) and 39(d): Adequate means of livelihood for men and women equally; equal pay for equal work for men and women; Article 39(d) mentions men and women, but courts have applied the principle more widely through Articles 14 and 16.
Article 39(e): Health and strength of workers, and protection of children of tender age from abuse and from forced unsuitable work; Used for child labour, bonded labour and worker health cases.
Article 39(f): Healthy development of children, with freedom and dignity; Children are to be given opportunities and facilities to develop. Read with 39(e) in child labour and bonded labour cases.
Article 41: Right to work, education, public assistance, within economic capacity; The phrase 'within the limits of its economic capacity and development' is the condition. It is the basis of social security laws.
Article 42: Just and humane conditions of work + maternity relief; Basis for safety and welfare provisions and maternity benefit law.
Article 43: Work, living wage, decent conditions of work, leisure and social and cultural opportunities for workers + cottage industries in rural areas; Basis for minimum wage law. Living wage is a higher standard than minimum wage.
Article 43A: Participation of workers in management, by suitable legislation or otherwise; Inserted by the 42nd Amendment, 1976. Applies to industry-related undertakings.
Article 47: Raise nutrition, living standards and public health; Duty of the State. Supports worker health and welfare policy.
Article 246 – distribution of power: List I: Parliament exclusive | List III: Parliament and States | List II: States exclusive (subject to the clauses above it); Union List prevails over the others; the Concurrent List prevails over the State List where they overlap.
Concurrent List labour entries: Entry 22: trade unions; industrial and labour disputes | Entry 23: social security and social insurance; employment and unemployment | Entry 24: welfare of labour, including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions, maternity benefits; Entry 36 (Factories) is also in List III. Memorise the three headline entries first.
Union List labour entries: Entry 55: labour and safety in mines and oilfields | Entry 61: industrial disputes concerning Union employees | Entry 81: inter-State migration; Only Parliament can legislate on these. Entries 13 and 14 cover international conferences and treaties.
Article 254(1) – repugnancy: Conflict between Union law and State law on a Concurrent subject → Union law prevails; State law void to the extent of repugnancy; Applies where the State law was made without Presidential assent, or where Parliament's law is later.
Article 254(2) – Presidential assent: State law reserved for the President and assented to → prevails in that State; Parliament may still override by later law on the same matter; Applies only to Concurrent List subjects. The assent protects the State law only until Parliament legislates again.
Other routes for Parliament to make State List laws: Art. 249 (Rajya Sabha resolution, two-thirds of members present and voting, national interest) | Art. 250 (Emergency) | Art. 252 (consent of two or more States) | Art. 253 (treaties); Use these only when a question asks how Parliament can legislate on a State subject.
Code on Wages, 2019: Replaces 4 Acts: Payment of Wages 1936 + Minimum Wages 1948 + Payment of Bonus 1965 + Equal Remuneration 1976; Subject: wages, bonus and non-discrimination in pay.
Industrial Relations Code, 2020: Replaces 3 Acts: Trade Unions 1926 + Industrial Employment (Standing Orders) 1946 + Industrial Disputes 1947; Subject: unions, standing orders, dispute resolution, strikes, lay-off, retrenchment, closure.
Code on Social Security, 2020: Replaces 9 Acts, including Employees' Compensation 1923, ESI 1948, EPF and MP 1952, Maternity Benefit 1961, Gratuity 1972; Subject: insurance, provident fund, pension, gratuity, maternity and compensation.
OSH Code, 2020: Replaces 13 Acts, including Factories 1948, Mines 1952, Contract Labour 1970, Inter-State Migrant Workmen 1979; Subject: safety, health, working conditions and welfare.
Total consolidation: 4 + 3 + 9 + 13 = 29 central Acts into 4 Codes; Use this count to check your list in the answer.
Bandhua Mukti Morcha v Union of India (1984): Article 21 includes the right to live with human dignity; bonded labour violates Articles 21 and 23; State must identify, release and rehabilitate bonded labourers. Letter-petition PIL accepted.
PUDR v Union of India (1982), Asiad workers: Pay below minimum wage = forced labour under Article 23; Article 23 also binds private persons. Minimum Wages law is enforceable as a constitutional guarantee.
Randhir Singh v Union of India (1982): Equal pay for equal work: Articles 14, 16 and 39(d) read together; Not a Fundamental Right by itself. Applies to equal work and equal duties, not mere equal designation.
T K Rangarajan v Government of Tamil Nadu (2003): No fundamental right to strike for government employees; Article 19(1)(c) covers forming unions, not striking. Strike by industrial workers is regulated by statute.

Quick revision

Labour law draws authority from the Constitution, so every answer should name a provision.
Fundamental rights protect workers directly; directive principles guide the State on welfare.
Directive principles are not enforceable in court by themselves, but courts use them to read rights and statutes.
Check the Article numbers for equality, trade and association, and forced labour against the Constitution before the exam.
Labour is a Concurrent List subject, so both Parliament and State legislatures can make laws on it.
If a Union law and a State law conflict on a Concurrent subject, the repugnancy rules decide which prevails.
Labour laws can be grouped by theme: wages, industrial relations, social security, and safety and working conditions.
The codification merged many older Acts into four labour codes.
Always confirm the current commencement and status of each code from the official text.
For every case, remember the issue and the holding, not only the name.
In case-based answers, follow the order: provision, analysis of facts, conclusion.

Common mistakes

Calling Directive Principles enforceable in court. Fix: Write 'non-justiciable but fundamental in governance' and use them as interpretive aids.
Saying Article 24 bans all child work. Fix: State it as: no child below 14 in factory, mine or other hazardous employment.
Saying Article 24 bans all child labour. Fix: Write the exact scope: no child below 14 in a factory, mine or other hazardous employment. Other child-work rules come from statutes.
Claiming Article 19(1)(c) gives a right to strike or to be recognised. Fix: State that it protects forming a union. Strike and recognition are governed by statute and are not guaranteed by the Article.
Saying a worker can go to court to enforce Article 43 or 43A directly. Fix: State that DPSPs are not enforceable, and that the remedy comes through a statute or through Articles 14, 16 and 21.
Placing maternity relief under Article 41 or 39. Fix: Remember that Article 42 covers just and humane conditions of work and maternity relief.
Saying labour is only a Concurrent List subject. Fix: Add that mine and oilfield labour (Entry 55), Union employee disputes (Entry 61) and inter-State migration (Entry 81) are Union List subjects.
Mixing up the contents of Entries 22, 23 and 24. Fix: Use a hook: 22 = unions and disputes, 23 = social security and employment, 24 = welfare and conditions of work, including provident funds, compensation and maternity benefits.
Placing the Payment of Gratuity Act or Maternity Benefit Act under the Code on Wages. Fix: Remember that benefits tied to retirement, childbirth, sickness or injury belong to the Code on Social Security, 2020.
Saying the Factories Act, 1948 went into the Industrial Relations Code. Fix: Factories, mines and contract labour deal with working conditions and safety, so they sit in the OSH Code, 2020.

Exam tips

Write Article numbers with their content; a number alone earns little.
Always separate Fundamental Rights from Directive Principles in your answer.
In case-based questions, follow the order: provision, facts, conclusion.
Learn the Concurrent List logic and Article 254 as a set; they are often tested together.
Add one line on judicial interpretation of Article 21 when the question is about working conditions.
Quote the Article text with its key words, such as 'only', 'below fourteen years' and 'reasonable restrictions'.
In case-based questions, name the Article first and then apply it. Marks follow provision, analysis, conclusion.
Prepare a one-page comparison of Articles 23 and 24, as distinction questions are common.