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CS Professional · Labour Laws and Practice · Constitution and Labour Laws

Ramesh, a company secretary, is asked by a Pune manufacturer why labour legislation can be enacted by both Parliament and State Legislatures. Under the Constitution of India, in which List does 'Trade unions; industrial and labour disputes' appear, creating this shared power?

The correct answer is the Concurrent List. Trade unions and industrial and labour disputes are Concurrent subjects, so both Parliament and State Legislatures may make laws on them, with the central law generally prevailing in case of repugnancy.

  1. AUnion List only
  2. BState List only
  3. CConcurrent ListCorrect
  4. DResiduary list outside all Lists

Explanation

Trade unions and industrial and labour disputes, along with social security, employment conditions and welfare, fall in the Concurrent List (Entry 22 and related entries). Hence both Parliament and State Legislatures can legislate, with Union law prevailing on repugnancy. The Union List alone would wrongly imply states have no power.

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