CS Executive · Setting Up of Business, Industrial and Labour Laws · Constitution and Labour Laws
Ravi, a law student, is asked to place labour legislation in the Constitution's scheme of distribution of legislative power. Under which list of the Seventh Schedule do the subjects of trade unions, industrial and labour disputes fall, allowing both Parliament and State legislatures to make laws?
They fall under the Concurrent List of the Seventh Schedule. Entries on trade unions, industrial and labour disputes and social security are placed there, so both Parliament and State legislatures can make laws on them, with the central law prevailing if there is a conflict.
- AUnion List
- BState List
- CConcurrent ListCorrect
- DResiduary list outside the Seventh Schedule
Explanation
Trade unions, industrial and labour disputes, social security, and conditions of work are entries in the Concurrent List. Hence both Parliament and State legislatures may legislate, with Union law prevailing in case of repugnancy. The State List is wrong because it does not hold these entries.
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