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How does the labour law (in India) emanate from our Constitution?

The main Articles in the Constitution that protect, support, and act as a guideline to various
labour laws for their effective implementation and functioning are – 14, 16, 19(1)(c), 21,
23. 24, 35 (Part III);
38, 39, 41, 42, 43, 43-A (Part IV).

I) Fundamental Rights :
Art. 14 – Equality before law
Art. 16 – Equality of opportunity in matters of public employment
Art. 19(1)(c) – Right of a citizen to form an associations and/or unions
Art. 21 – Right to livelihood under right to life and personal liberty
Art. 23 – Prohibits human trafficking and forced labour (this article protects the
citizens not only against the state but private parties as well)
Art. 24 – Prohibits the employment of children below 14 years in factories, mines
or other hazardous environments
Art. 35 – Under this article, Parliament is authorized to make laws for punishing
acts prohibited by this Part. (e.g. – Suppression of Immoral Traffic in Women and
Girls Act, 1956)

II) Directive Principles of State Policy :


Art. 38 – State must secure a social order for the promotion of welfare, by
eliminating inequalities in status, opportunities, et al.
Art. 39 – Talks about equal opportunities for males/females alike, and equal pay
for equal work for both genders (sub-clause 2)
Art. 41 – Right to work, to education and to public assistance in certain cases
(disablement, sickness, old age, etc.)
Art. 42 – Provides for just and humane working conditions and maternity relief
Art. 43 – State should try to secure, to all workers, work, a living wage, conditions
of work ensuring a decent standard of life and full enjoyment of leisure and social
and cultural opportunities
Art. 43A – State must try to secure the participation of workers in the
management of undertakings, establishments or other organisations engaged in
any industry

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