Labour Laws and Practice · International Labour Organization

India and the ILO: Membership, Ratified Conventions and Influence

Updated 11 October 2026 · Fact-checked

India has been a member of the ILO since its creation in 1919. It has ratified six of the eight conventions traditionally treated as fundamental, but not C87 and C98 on freedom of association and collective bargaining. Ratification does not change Indian law by itself. Parliament legislates under Article 253, and courts may use ratified conventions to fill gaps.

Understand India and the ILO

The International Labour Organization (ILO) was created in 1919 under the Treaty of Versailles. India was one of its original members. The ILO has a tripartite structure, where government, employers and workers all have a voice. India sends tripartite delegations to the International Labour Conference.

The ILO adopts conventions (binding on a country only if it ratifies them) and recommendations (guidance, never ratified). When India ratifies a convention, it promises the ILO that its law and practice follow it. India's usual practice is to ratify only after it is satisfied that national law and practice already conform. That is why India often legislates first and ratifies later.

India follows a broadly dualist approach in this respect. A ratified convention does not automatically become part of domestic law. Article 253 of the Constitution lets Parliament make laws for the whole of India to implement international treaties and decisions, even on subjects that are otherwise State matters. That is the usual route for giving a convention legal effect. However, Indian courts may also rely on ratified conventions to interpret domestic law and to fill gaps, where there is no conflict with existing domestic law. Article 51(c) (a Directive Principle) asks the State to respect international law and treaty obligations.

On the fundamental conventions, India has ratified six of the eight traditionally treated as fundamental: forced labour (C29), abolition of forced labour (C105), equal remuneration (C100), discrimination in employment (C111), minimum age (C138) and worst forms of child labour (C182). The last two were ratified in 2017. India has not ratified the freedom of association and collective bargaining conventions (C87 and C98). Since 2022 the fundamental principles of the ILO's 1998 Declaration cover five categories (freedom of association and collective bargaining, forced labour, child labour, discrimination, and a safe and healthy working environment), represented by ten fundamental conventions. The two added in 2022 are C155 and C187 on occupational safety and health. India has not ratified those two either. The 1998 Declaration is a promotional instrument, not a treaty. Other ratified conventions include C1 (hours of work, industry), C26 (minimum wage-fixing machinery), C81 (labour inspection), C122 (employment policy) and C144 (tripartite consultation). Treat this as a memory list and cross-check it against your ICSI study material, as ratification status can change.

ILO standards have shaped Indian law in visible ways. Equal pay for men and women links to C100 and now sits in the Code on Wages, 2019. Child labour law links to C138 and C182. Forced labour links to Article 23 and the bonded labour law. Minimum wage machinery links to C26. Tripartite boards under the labour codes are consistent with the tripartite approach of C144. The ILO also influenced the ideas behind social security and safety laws, even where India has not ratified the related conventions.

Key rules to remember

Nature of ILO instruments: Convention = binding only on ratification; Recommendation = guidance, no ratification; A recommendation can never be ratified. A convention binds only the States that ratify it.
India's membership: Original member of the ILO since 1919; Say 'founding' or 'original' member. Do not give a later date.
Fundamental conventions ratified by India: C29, C105, C100, C111, C138, C182 (6 of the 8 conventions traditionally treated as fundamental); C138 and C182 were ratified in 2017. Since 2022 the ILO lists ten fundamental conventions, adding C155 and C187 (safety and health), which India has not ratified.
Fundamental conventions not ratified: C87 (freedom of association) and C98 (collective bargaining); also C155 and C187 (added in 2022); The usual exam point is C87 and C98. Link it to the state of trade union law in India.
Other ratified conventions to remember: C1, C26, C81, C122, C144; Hours of work (industry), minimum wage-fixing machinery, labour inspection, employment policy, tripartite consultation.
Domestic effect of ratification: Ratification alone ≠ enforceable rights; Parliament usually legislates (Article 253); courts may use ratified conventions to interpret law and fill gaps where there is no conflict; Ratification alone does not create rights enforceable in an Indian court. Parliament gives effect under Article 253, and courts may read ratified conventions into domestic law only where no domestic law conflicts.
Constitutional link: Article 51(c): respect for international law and treaty obligations; A Directive Principle. It guides the State but is not itself enforceable.

How to solve India and the ILO questions

Use this method for any question on India's relationship with the ILO, whether it asks for a list, an explanation or a case analysis.

1Identify what is asked: membership, ratification status, legal effect, or influence on a specific law.
2State the base fact first: India is an original member of the ILO since 1919 and takes part in its tripartite structure.
3Separate the instruments. Say whether the item in the question is a convention or a recommendation, and whether India has ratified it.
4Explain the legal route. Ratification alone does not create enforceable rights. Parliament legislates under Article 253 to give effect to a convention. Courts may also rely on ratified conventions to interpret domestic law and fill gaps where no domestic law conflicts.
5Link to the Indian statute. Name the law the standard influenced, such as the Code on Wages for equal remuneration or the child labour law for C138 and C182.
6In a case question, apply the facts: find the ILO standard, the Indian provision, and whether the conduct breaches it.
7Close with a conclusion in one or two lines. Note any gap, such as non-ratification of C87 and C98, if it is relevant.

Quickest way: Four-line framework: Member, Instrument, Ratified, Law

When to use it: Use this when you have limited time or the question is a short note such as 'India and the ILO' or 'Conventions ratified by India'.

Member: original member since 1919, tripartite participation.
Instrument: convention (binding if ratified) versus recommendation (guidance).
Ratified: six of the eight traditional fundamental conventions (C29, C105, C100, C111, C138, C182), plus C1, C26, C81, C122, C144. Not ratified: C87 and C98 (and C155 and C187, added to the fundamental list in 2022).
Law: Article 253 gives Parliament the power to implement. Courts may also use ratified conventions to fill gaps where no domestic law conflicts. Give two examples of Indian laws influenced, such as equal remuneration and child labour.

Common mistakes in India and the ILO

Saying India has ratified all the fundamental conventions.
Students remember that India is a founding member and assume full ratification.
Fix: Remember that C87 and C98 are not ratified, and neither are C155 and C187, added to the fundamental list in 2022. Always mention the C87 and C98 gap in a full answer.
Writing that a ratified convention becomes Indian law automatically.
Students mix India's position with countries where treaties apply directly.
Fix: Write that Parliament legislates under Article 253 to give a convention legal effect. Add that courts may use ratified conventions to interpret domestic law and fill gaps where there is no conflict.
Treating recommendations as ratifiable or binding.
Both are ILO instruments and students use them interchangeably.
Fix: Keep one line ready: conventions are ratified and bind; recommendations only guide.
Confusing the ILO's conventions with Indian Directive Principles or Fundamental Rights.
Equal pay, forced labour and child labour appear in both places.
Fix: Name the source clearly. Say the ILO standard influenced the law, and the constitutional provision (Articles 23, 24, 39, 51(c)) supports it.
Giving ratification years and counts from memory with confidence.
Lists circulate with different dates and totals.
Fix: Give only dates you are sure of, such as 1919 for membership and 2017 for C138 and C182. Avoid total counts unless your study material gives them.
Listing conventions without linking them to Indian labour legislation.
The question seems to ask only for a list.
Fix: Add one line per convention that names the domestic law or code it relates to. This earns the application marks.

Worked examples

Example 1

Explain India's relationship with the ILO. Has India ratified the conventions on freedom of association and collective bargaining? What follows from this?

Show the solution

Membership: India is an original member of the ILO from 1919 and participates through tripartite delegations of government, employers and workers.
Instruments: the ILO adopts conventions, which bind only ratifying States, and recommendations, which only guide.
Ratification: India has ratified six of the eight conventions traditionally treated as fundamental: C29, C105, C100, C111, C138 and C182. It has also ratified others such as C1, C26, C81, C122 and C144. Since 2022 the fundamental principles cover five categories, represented by ten fundamental conventions, adding C155 and C187, which India has not ratified.
The asked conventions are C87 (freedom of association and protection of the right to organise) and C98 (right to organise and collective bargaining). India has not ratified them.
Consequence: India has no treaty obligation under these two conventions as such. Trade union rights in India rest on domestic law, such as the Constitution's guarantee of the freedom to form associations and unions under Article 19(1)(c) and the Industrial Relations Code, 2020. However, the 1998 ILO Declaration on Fundamental Principles and Rights at Work is a promotional instrument, not a treaty. It commits all members, by virtue of membership and whether or not they have ratified the conventions, to respect, promote and realise the principles of freedom of association and the effective recognition of the right to collective bargaining. Members are also subject to the Declaration's follow-up, including the annual review and Global Report, so the matter can still be raised there.

Answer: India is an original ILO member (1919) and has ratified six of the eight traditional fundamental conventions, but not C87 and C98. Union rights in India therefore rest on domestic law, not on those conventions. Even so, the 1998 Declaration on Fundamental Principles and Rights at Work, a promotional instrument rather than a treaty, covers India as a member and subjects it to the Declaration's follow-up, whether or not it has ratified.

Example 2

A packaging company in Pune finds that its contractor has employed a 15-year-old to work on a machine. Referring to India's ILO obligations, advise the company.

Show the solution

Issue: whether employing a 15-year-old in machine work breaches India's child labour standards.
ILO position: India has ratified C138 (minimum age) and C182 (worst forms of child labour), both in 2017.
Domestic law: the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended in 2016, prohibits employing children below 14 in all occupations and processes. The exceptions are helping the family or a family enterprise (other than in hazardous work) outside school hours or during vacations, and working as an artist in audio-visual entertainment, subject to safeguards. The Act also prohibits employing adolescents (14 to 18) in hazardous occupations and processes listed in its Schedule. The 2016 amendment preceded the 2017 ratifications and is commonly described as aligning Indian law with C138 and C182. How closely the Act matches both conventions is debated, for example because of the family enterprise exception. Machine work is prohibited for an adolescent only if it is a listed hazardous occupation or process in the Schedule, so check the Schedule item by item.
Constitutional support: Article 24 prohibits employing children below 14 in factories, mines or other hazardous work.
Application: at 15, the child is an adolescent. The employment is prohibited if the machine work is a listed hazardous occupation or process. If it is not listed, the Act does not bar it, but the statutory conditions for adolescents must be met.
Company responsibility: the company, as principal employer, should not rely on the contractor alone. It should verify ages, stop the employment if it is prohibited, and add age-verification clauses to contractor agreements.
Conclusion: advise immediate checking of whether the work is a listed hazardous occupation or process under the Schedule. If it is, stop the employment. Either way, tighten contractor compliance.

Answer: If the machine work is a hazardous occupation or process listed in the Schedule, employing the 15-year-old is prohibited under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended in 2016. That amendment preceded India's 2017 ratification of C138 and C182 and is commonly described as aligning Indian law with them. The company should check the Schedule, stop the work if it is listed, verify ages, and add age-verification to contractor terms.

Exam tips

Always include the gap: C87 and C98 are not ratified. Examiners often test this single point.
Link every ILO point to an Indian provision. Pair equal remuneration with the Code on Wages and child labour with the child labour statute.
Use the dualist line for any question on legal effect: ratification alone does not give enforceable rights; Parliament legislates under Article 253. Add that courts may use ratified conventions to interpret law and fill gaps where no domestic law conflicts.
For list questions, give the six ratified fundamental conventions by name and number, note that the ILO now lists ten, then add two or three other ratified conventions.
In case-based questions, follow provision, application and conclusion. Name the ILO standard, the Indian rule, then decide on the facts.

Practice questions from International Labour Organization

India and the ILO: frequently asked questions

Is India a founding member of the ILO?

Yes. India is an original member of the ILO from its creation in 1919. It takes part through tripartite delegations of government, employers and workers.

Which fundamental ILO conventions has India ratified?

India has ratified C29 and C105 on forced labour, C100 on equal remuneration, C111 on discrimination, and C138 and C182 on child labour. These are six of the eight conventions traditionally treated as fundamental. It has not ratified C87 and C98 on freedom of association and collective bargaining. Since 2022 the ILO also lists C155 and C187 on safety and health as fundamental, and India has not ratified them.

Does an ILO convention automatically apply in India after ratification?

No. India follows a broadly dualist approach. Parliament usually gives effect to a convention by law, and Article 253 gives it the power to do so. Ratification alone does not create rights enforceable in Indian courts, but courts may rely on a ratified convention to interpret domestic law and fill gaps where there is no conflict.

How has the ILO influenced Indian labour legislation?

ILO standards have shaped laws on equal remuneration, child labour, forced labour, minimum wage machinery, labour inspection and tripartite consultation. Their effect can be seen in the labour codes, especially the Code on Wages, 2019. India often legislates first and then ratifies once its law conforms.