LABOUR LAW

ROAD TO SOCIAL REVOLUTION FOR THE WORKING CLASS

SUBMITTED BY-
RUPALI SINGH,
PRASHANT SINGH KAURAV &
SIDDARTH LAMBA
SEM

ESTER – VIII
SEC

TION –B
ROL

L NO – 462

1
 NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI

CONTENT

Sr No Topic Page
No
1. Introduction 3

2. Evolution and Development of Directive Principle before Indian 4

National Congress
3. Development after the formation of the Indian National Congress 4- 7
 Commonwealth of India Bill, 1925 and Swaraj Constitution, 1927
 Nehru Committee Report, 1928
 Third Round Table Conference, 1930
 Revolutionary Expression of DPSP in Karachi Resolution, 1931
 DPSP as a Non-Justiciable Rights in the Sapru Committee Report,
1945
4. The Irish Influence on the Indian Constitution 7-8
 Difference in India and Irish Directive Principles
5. Constitutional Assembly Debate To Adopt Directive Principles 8-11

6. Constituent Assembly Debates: Nature and Significance of Directive 11-12

Principles of State Policy

7. Fundamental Rights: Protection to the working class

8. Opinion and Conclusion

2
3
 INTRODUCTION

The subsistence notion of human dignity means that dignity imposes an obligation on the
state to provide at least minimal subsistence to every individual. For a detailed discussion of
this point and how various municipal courts have interpreted human dignity to imply an
obligation to provide subsistence.1

The formulation of social and economic objectives in national constitution owes its origin
essentially to the realization that the content of political freedom is impaired by the absence
of social justice, and that without suitable protection for social and economic rights,
constitutional guarantees of what are known as ‘classical individual liberties’ such as the
right to equality, liberty of person and freedom of speech and association may lose much of
their implication. This close connotation between political freedom and social justice has
become a common notion since the French revolution. Since the end of First World War, it
was established that peace can only prevail in the presence of recognised social justice. Most
of the modern constitution contains provisions relating to social and economic justice with
special emphasis on the social security that needs to be protected and guaranteed by the state
and in addition provide work, education and proper employment condition to its citizen. To
achieve such social security not only legal action but also policy of the states is required to
attain certain ends.

In the Declaration of Rights of Men (1793), it was laid down that this declaration is present
with all human being and political institution to remind them of their rights and duties and to
take measures to build a welfare state for all. It is important to note that the idea behind socio
and economic justice is not a foreign concept but it genesis lays back to the fourth century
BC in Kautilya’s Arthasastra which highlights the role of king as, ‘the king shall provide the
orphan, the dying, the infirm, the afflicted and helpless with maintenance to expecting mother
and children they give birth to.’The leader of India’s freedom movement visualized that once
India has gained independence the state should provide the fullest opportunity to the people
for advancement in the social and economic sphere of life. In the words of Granville Austin,
“the Fundamental Rights and Directive Principles had their origin in the Indian independence

1
Christopher McCrudden, Human Dignity and Judicial Interpretation of Human Rights, 19 Eur . J. Int’l L. 655,
700-706 (2008).

4
movement, which strove to achieve the value of liberty and social welfare as the goals of
independent of India States.”2

EVOLUTION AND DEVELOPMENT OF DIRECTIVE PRINCIPLE BEFORE

INDIAN NATIONAL CONGRESS

It is important to note that Directive principles would never have emerged if the Britishers
would not have exploited the labour class of our society. The imbalance in the payment
scheme, the environment of a factory, the working condition of the labourer,
discrimination between women and men labourer, etc all lead to the formation of the
positive rights of the citizen of India. This lead to the sense of Independence among the
Indian citizen and there demand of Swaraj was raised. Because of the French revolution
and setting up of the foreign industry in India lead to exploitation of the India labourers.
Revolt of 1857 resulted in the new administration, for example, local bodies were first of
all created in 1864-1868; which reduced the age from 21 to 19 years for public services.

The earlier attitude towards the development of India education was changed and they
also withdrew the policy of social reform. The working condition of Indians was not good
in the factory and there was discrimination in the hours of work. They worked for twelve
to sixteen hours a day and there was no provision for the weekly day of rest. The wages
were ranging from Rs.4 to 20 per month.3 The factories were badly lighted and aired and
completely unhygienic. The factories were overcrowded and work on the machine was
hazardous and accidents were very common.4 It was only because of the urge to attain a
socio-economic condition of living that the demand for self-rule or Swaraj was
developed.

DEVELOPMENT AFTER THE FORMATION OF THE INDIAN NATIONAL

CONGRESS

2
Granville Austin, The Indian Constitution: Cornerstone of a Nation 50 (Oxford University Press, Oxford,
1966).
3
Dr. Subhash C. Kashyap(Ed.), The Framing of India’s Constitution, (Universal Law Publishing C. Pvt. Ltd.,
Delhi )
4
Bipin Chandra, History of Modern India 114 (Orient Blackswan Pvt. Ltd., New Delhi, 2009). The Government
of India took some half-hearted and totally inadequate measures to mitigate the sorry state of affairs in the
modern factories. The first Indian Factory Act was passed in 1881 which primarily dealt with the problem of
child labour that child below the age of seven could not work in factories, while children between seven and
twelve would not work for more than nine hours a day. The Act also provided for the proper fencing off
dangerous machinery. By the Factory Act of 1891, weekly holiday for workers and the fixed working hours,
seven for women, were land down. But these Acts were not applicable to British owned tea and coffee
plantations.

5
 Commonwealth of India Bill, 1925 and Swaraj Constitution, 1927

Surendra Nath Banerjee, a leader from Bengal claimed that Indian Citizens are entitled to
equal rights as that of the English men and that should be derived from their own
Constitution. The earliest demand for recognition of Fundamental Rights commenced
with the Constitution of India Bill, 1895 probably issued under the inspiration of
Lokmanya Bal Gangadhar Tilak and described as the Home Rule Bill by Annie Besant. 5
The Commonwealth of India Bill, 1925 was a blueprint of the list of rights that were to be
granted to the India Citizens as this was after the release of Gandhi Ji and him coming to
the forefront to lead to March of Independence. He was against the concept of rights vis-
s-vis English men but rights of our own. The Swaraj Constitution was based on
Declaration of Rights and was formed to give force to the idea of Swaraj.

 Nehru Committee Report, 1928

Also known as the All Parties Conference, the committee was chaired by Motilal Nehru. The
report not only contained fundamental rights but also Directive Principles. The report was
reminiscent of the American and post-war European constitution. The right of free
elementary education was to be enforced with the due arrangement without any division of
caste or creed maintained or aided by the State. Further, freedom of combination and
association for the maintenance and improvement of labour and economic conditions were
guaranteed to everyone and of all occupations; maintenance of health and fitness for work of
all citizens, securing a living wage for every worker, protection of motherhood, infirmity and
unemployment. This Constitution was hailed by the Congress as a great contribution towards
the solution of India’s political and communal problem. 6 Three rights included in the Nehru
Report form a part of our today's’ Directive Principles.

 Third Round Table Conference, 1930

After the Simon Commission in 1930, three consecutive round conference took place in India
as British believed that India needs to move towards dominion status. At the First Round
Table Conference,7 N.M. Joshi, a representative of the Indian Labour Organization
emphasized the need of incorporating certain Fundamental Rights (including economic rights
5
B. Shiva Rao, The Framing of Indian Constitution: A Study 171 (Indian Institute of Public Administration,
Bombay, 1968).
6
Pattabhi Sitaramayya, The History of the Indian National Congress 7 (Padma Publication, Bombay, 1946)
7
The First Round Table Conference was held during the period from 12 November 1930 to 19 January 1931.

6
also). B. Shiva Rao, another representative of the same organization presented in fact a draft
of ten such rights. The second conference proposed to form Labour under the new
constitution which reflected the social and economic concern of the framers of the
constitution. One can find that Fundamental Rights and Directive Principles went hand in
hand. Framers wanted both the positive and legal rights to be together. The condition of
workers was the prime concern of the draft makers and that is what lead to the formation of
Directive Principles.

In 1933 National Trade Union Federation was formed whose main object was to deal with
the health, sanitation, working condition, pay scale of the workers and other labour related
issues. Articles 39 (e) and (f), 41, 42 and 43 of the Indian Constitution is a mirror image of
the issues addressed by the committee.8

 Revolutionary Expression of DPSP in Karachi Resolution, 1931

Fundamental Rights and duties and economic and social programs were the main objects of
the resolution. An All India Congress Committee meeting was held in Bombay on 6 August
1931 which modified the resolution and its major clause was relating to labour and provided
for that the standard of living and economic life of the labour should be given consideration.
Further, adequate provisions for leave during maternity period; children of school going age
shall not be employed in the mines and factories was discussed into. If all the provision of
resolution is looked into it makes it evident that both positive and negative rights were to be
kept together. Additionally, state is obliged for the protection of both the rights, i.e., it meant
that the social revolution would have a vital share in shaping India’s future Constitution and
the provisions did, in fact, become the spiritual, and in some cases the direct antecedents of
the Directive Principles.9 Granville Austin categorised the resolution as a Declaration of
Rights and a Humanitarian Socialist Manifesto.10

8
Article 39(e) says that the health and strength of workers, men and women, and of tender age of children are
not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or
strength. Clause (f) provides that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and
against moral and material abandonment. Article 41 relates to right to work, to education and to public
assistance in certain cases. Article 42 deals with the provision for just and human conditions of work and
maternity relief. And Article 43 deals with living wages, etc., for workers.
9
B.Shiva Rao, The Framing of India’s Constitution: A Selected Documents (a project completed under the
Chairmanship of B. Shiva Rao) 5-7 (Indian Institution of Public Administration, New Delhi, Vol. I, 1967)
(Hereinafter cited as Select Documents).
10
Granville Austin, The Indian Constitution: Cornerstone of a Nation 50 (Oxford University Press, Oxford,
1966).

7
 DPSP as a Non-Justiciable Rights in the Sapru Committee Report, 1945

Sir Tej Bahadur Sapru was the chairman of the committee that for the first separated the two
rights. Professor Vankatarangaiah was a notable person in demarcating the line between
fundamental and directive principles and pleaded of the distinct section for civil and
economic rights respectively. The former being enforceable in the court of law and later not.
His reason for two separate rights was the difficulty involved in respect of non-justifiable
rights and the efficacy of social and economic rights in the formal constitution. World War II,
UN Charter, Human Rights Declaration, Atlantic Charter that granted liberties are few of the
source for our very own rights and duties. While the major reference of the report has been
taken from the Irish Constitution of 1937.

THE IRISH INFLUENCE ON THE INDIAN CONSTITUTION

Indian constitution was influenced by the Irish national movement and hence evolved the
concept of Directive Principles from their constitution. The idea of such policies "can be
traced to the Declaration of the Rights of Man proclaimed Revolutionary France and the
Declaration of Independence by the American Colonies.

Additionally, the idea of justiciable and non-justiciable rights division in the Sapru report has
got it roots from the same source. A E Howard held that the Indian National Congress had a
long-standing relationship with the Irish, whom the nationalists in India saw as having lived
under comparable colonial conditions.11 In 1947 when the Constituent Assembly was formed
the influence of Irish Constitution was so strong that though few members wanted them to be
justiciable rights that the Assembly set down the Directive Principles while being
‘fundamental to the governance of the country’, as non-justiciable.”

In one of the tracts delivered by BN Rao during the formation of the constituent assembly
was that The Irish Constitution and the Lauterpacht’s International Bill of Rights both have
divided the rights into parts one being the fundamental directive principles and other strict
fundamental rights. Hence, the former are rights which cannot be directed by the states, for
example, the right to work, it can only be done by in the words of Irish Constitution

11
'Historical Directive Principles of State Policy', available at:<https://www.lawteacher.net/free-law-
essays/administrative-law/historical-directive-principles-of-state-policy-administrative-law-essay.php?vref=1>
(Visited on 1 May 2018)

8
‘requiring the state to direct its policy towards securing that the citizen may through their
occupation, find the way of making reasonable provisions for their domestic needs’.12

 Difference in India and Irish Directive Principles

The major difference lies in the enforcement and guidance in both the nation. In Irish scheme
is that the principles of the Irish Constitution are specifically planned for the general guidance
of the legislature of Ireland. The legislature is entrusted with the power of making the law
and the principles are not held cognizable in any court under any provision of the
Constitution.

The National Legislature is having the power only for general guidance unlike India where
the principles are held as the percept fundamental in the governance of the country. In India,
it shall be the duty of the state to apply these principles in making laws.

The Irish Constitution by addressing these directives exclusively to the legislature narrows
the sphere of their operation while the India directive is addressed to the state in the widest
sense to the term.13 Unlike India, in the other nations, these principles do not impose any
obligation but only play a vital role in legislative and administrative policymaking in the
country. They have inspired the idea of the socialistic pattern of the society. These principles
have been drafted in flexible and general language and leave enough leeway to the various
governments in the country to frame their policies from time to time in accordance with
contemporary needs and circumstance to achieve the goals set out therein.14

In order to understand the origin of the concept to the welfare state and providing justice to
the labourer who have been the major instrument of the Britishers for exploitation one need
to understand Article 45 of Irish constitution and how India departs from the same. Non-
enforceable, fundamental guidance and state are the essence of India principle and non-
cognizance, general guidance and legislature is the blueprint of Irish Constitution making it
clear that though India has adopted it from Ireland it has departed significantly from the
same.

12
Constitution of Ireland, 1937.
13
Dholakia H.K., Dynamics of Directive Principles I.B.R. (1976) P.5
14
Hegde K.S., The Directive Principles of State Policy in the Constitution of India p. 22(1972)

9
 CONSTITUTIONAL ASSEMBLY DEBATE TO ADOPT DIRECTIVE PRINCIPLES

Constituent Assembly after great deliberation and discussion first summoned on 9th
December 1946 with Rajendra Prasad as its permanent Chairman on 11th December 1946.
On 22nd January, 1947 India had its first major achievement of adopting the historic objective
resolution15 which laid down the guidelines of the working of the constitution and how the
Constitution of India is to be framed keeping in mind ‘the social, economic and political
justice; equality of status, of opportunity, and before the law; freedom of thought, expression,
belief, faith, worship, vocation, association and action, subject to law and public morality’16.

It can be noticed that historic objective resolution aimed at India being a welfare state and the
working class be given protection from the exploiting class and their right for equal wages,
good working environment, etc.

With Pt. Jawahar Law Nehru, Mrs Vijay Laxmi Pandit, Dr. S. Radhakrishnan talking in the
context of protecting fundamental rights and socio-economic rights together and lift up the
backward class, B.N.Rau, the Constitutional Advisor to the Government of India
recommended that the best way to bring in force the assurances contained the Resolution was
by splitting the assurances into Fundamental Rights and Fundamental Principles of State
policy. He added that the former was to contain civil and political rights enforceable in the
Courts of law and the latter should contain social and economic rights not enforceable in the
Courts and revealed that revealed that most of them retained certain rights which were non-
justiciable in nature.17

 Reference to Irish Constitution

BN Rao had settled his view after visiting the constitution of various European countries that
Fundamental Rights imposes a positive obligation on the State whereas Directive Principles
of State Policy requires a positive action on its part. Referring to the Irish Constitution, he
found a clear demarcation between the two and hence thought the same for the Indian

15
The Resolution could not be passed earlier due to the non-participation of the Muslim League in the
Constituent Assembly. But when the Muslim League purposely avoided its participation, the Assembly
unanimously adopted the Resolution on 22 January 1947.
16
B.Shiv Rao, The Framing of India’s Constitution:A Selected Documents 3, 4 (Indian Institution of Public
Administration, New Delhi, Vol.II, 1967)
17
Reference in this connection was made to Amendments 1-X, XIII-XV and XIX to the Constitution of USA,
Articles 4, 31, 44, 45, 49, 50, 55, 58, 60 and 65 of the Swiss Constitution; Articles 109-160 of the German
Constitution; Articles 118-128 of the Constitution of the USSR and Articles 40-44 of the Constitution of
Ireland.

10
Constitution. FR’s some extent enforceable by the Courts where the Directive Principles were
not. The principles of social policy set forth were intended for the general guidance of the
Oireachtas (Irish Parliament) and were not to be cognizable by any Courts.18

 Reference to International Bill of Man19

Rau during the discussion in the assembly for the overlapping of FR’S and DPSP mentioned
about the similar distinction he found in the International Bill of Man (1945) recognized by
Professor Lanterpacht. The said Bill dealt with two types of rights, one enforceable by the
ordinary Courts and other unsuited for such enforcement. He provided for two Articles
dealing with social and economic rights and distinguished them from the others relating to
personal or individual rights.20

A close examination of Directive Principles of Rao made it clear that his intention was just to
keep them as moral precepts and for general guidance. Effort arose when the constitution
makers found it difficult to implement the draft scheme of Rau in the Constitution of India. K
Santhana discussed about the three types of revolution, i.e. social, economic and political
where he emphasised on the economic revolution- the transition from primitive rural
economy to scientific and planned agricultural industry21Radhakrihnan believed India must
have a socio-economic revolution designed not only to bring about ‘the real satisfaction of
the fundamental needs of the common man’ but to go much deeper and bring about a
‘fundamental change in the structure of Indian Society.’22

 Sub-committee on the discussion of FR’s and Directive Principle

Various views and discussions helped to whether or not incorporate aright which is not-
justifiable and non-enforceable. Alladi Krishnaswami Ayyar, Ambedkar and M.R. Masani are
few of the various people who were against the incorporation of non-justiciable rights as there
was no use of laying down precepts which continued unenforceable or ineffective. To support his

18
The Irish Constitution of 1937. In the Irish Constitution the Fundamental Rights are set out in Articles 40-44,
and the Directive Principles of Social Policy are contained in Article 45. In the case of Fundamental Rights,
there is no provision which excludes judicial review.
19
An International Bill of the Rights of Man, first published in 1945, is one of the seminal works on
international human rights law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great
international lawyers of the 20th century. It continues to influence those studying and working in international
human rights law today. It includes Professor Lauterpacht's study of natural law and natural right and Professor
Lauterpacht's own draft Bill of Human Rights.
20
Articles 15 and 16, International Bill of Man, 1945.
21
K. Santhanam in Magzine Section, The Hindustan Times, New Delhi, 8 September 1946.
22
CAD II, 1, 269-73. Such view was held by many in the assembly. B. Das said ‘it is the Dharma of the
government to remove hunger and render social justice to every citizen.

11
contention, the relevant provision from the United States Constitution was cited. 23

After various deliberation and discussion on 30 March 1947, the Sub-Committee turned its full
attention to the positive rights using Rau’s draft, his collection of precedents and in particular
the example of Irish Constitution, the members adopted in rapid succession provisions laying
down that the State should promote, social, economic and political justice.

Raj Kumari Amrit Kaur and Mrs Mansa Mehta, members of the Constituent Assembly after
observing the settlement commented that, though not enforceable by legal action, were none
the less fundamental in character in as much as they were vital to the wellbeing and ordered
progress of the State.24 They advised therefore that appropriate provision should be
assimilated in the chapter so that state may as soon as possible take necessary action in
fulfilment of these directives.

B R Ambedkar and Munshi made Directive Principles even more demanding social
programme, justiciable. They disliked mere precepts and in the end, supported them in the
belief that ‘half a loaf was better than none’. Taking the phrase seriously Munshi included in
his draft the “Right of workers” and “social Rights” and remarked25:

Even the non-justiciable rights have to be announced in order to form the basis of protest
against arbitrary legislation. They are body of doctrines to which public opinion can rally.

With various amendments and recommendations by the drafting committee and B N Rao
drafting of the Directive principles taking into account various Bills and Constitution lead to
the formation of our present DPSP which is providing protection to the working class since
1950 and working towards a welfare state.

CONSTITUENT ASSEMBLY DEBATES: NATURE AND SIGNIFICANCE OF

DIRECTIVE PRINCIPLES OF STATE POLICY

The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950
and Part IV Directive Principles were dealt exclusively in Part IV 26 of the Constitution. The
23
The Fourteenth Amendment to the United States Constitution prevented the State from depriving any person
of his life, liberty or property otherwise than by due process of law. Alladi wanted that the Sub-committee
should take the United States as their model for safeguarding the rights of the citizens
24
Raj Kumari Amit Kaur’s letter to B.N.Rau, Dated 31 March 1947, id. at 146-47.
25
Directive Principle of State Policy: Origin and Development, available at:
http://shodhganga.inflibnet.ac.in/bitstream/10603/75392/10/10_chapter%202.pdf (Visited on 1 May 2018)
26
B.Shiva Rao, The Framing of India’s Constitution: select Documents (a project completed under the
chairmanship of B. Shiva Rao) Vol. IV, 392 (Government of India Press, New Delhi, 1968).

12
present directive principle consists of nineteen articles as they have been major amendments
after its adoption. Articles relating to the protection of the labour union or working class are
as follows:

Article 41 which talks about right to work, Article 42 where provision relating to just and
humane condition of work and maternity relief is given and Article 43 deals with living
wages of the worker. To analyse the significance of the Directive Principles in our
constitution one need to have the clear picture of both in favour and against the proposed Part
IV of the constitution. For few, it was just religious demand without any Constitutional value
while others assigned them a place of real implication in the Constitution.

I. K.T Shah linked them to “a cheque on a bank payable when able” because of its non-
justifiable character.
II. Syed Karimuddin said that what stated in Part IV was vague. Not to have a definite
economic pattern in the Constitution of free India was a great tragedy.
III. Nusiruddin Ahmed said that these were “pious expressions” and “picas superfluities”.
IV. P.S. Deshmukh called its inclusion in the Constitution as undemocratic and opposed to
parliamentary democracy and want to the extent for suggesting its deletion from the
Constitution.
V. B R Ambedkar compared the directives to the Instrument of Instructions which were
issued to the Governors by the British Government. The only difference was that they
were instructions to the Legislatures and Executives. He said that such a thing was to be
welcomed.

FUNDAMENTAL RIGHTS: PROTECTION TO THE WORKING CLASS

“All persons are equal before the law and are entitled without any discrimination to the
equal protection of the law. In this respect, the law shall prohibit any discrimination and
guarantee to all persons equal and effective protection against discrimination on any ground
such as race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.”27

While drafting of the India Constitution, the Constitution framers were against the division of
Fundamental Rights and the Directive Principles. India adopted her own Constitution and
declared herself as an Independent Sovereign Republic in the year 1947 and divided the two
27
Article 26 of International Covenant on Civil and Political Rights, 999 U.N.T.S. 171 (December 16, 1966).

13
the rights under two different heads. Being influenced by the Irish Constitution India divided
them and entered the adopted a socialist pattern of government.

B N Rao advocated the issue and hence we have our present welfare legislation. The aim of
constitution is to provide welfare to all its citizens and ensure guarantee of their fundamental
rights. Labour being an integral part of the society found prominent position in the
constitutional provisions with regard to their protection of rights. 28 The Fundamental Rights
in the Constitution of India is in relation with the political democracy on the citizen and the
Directive Principles deal with social, economic and cultural democracy. The Fundamental
Rights are the milestone that had lead India to a democratic and sovereign country and gives
direction to the state for the formation of a welfare society where the rights of the Individuals
and union are protected against exploitation.

Fundamental Rights that directly or indirectly protect the rights of the citizens are

1. Article 14: Right to Equality

2. Article 16: It provide equality in matters of public employment
3. Article 19: The Right to form association and Union which is subject to certain
restrictions.
4. Article 21: Right to life and personal Liberty, where right to life includes right to
livelihood
5. Article 23: Prohibits forced labour and human trafficking
6. Article 24: It prohibit child labour under the age of 14 years

The first attempt of the government to intervene in the field of labour, was through certain
protective measures to provide for the health and the safety of the Indian worker, and to
regulate hours of work in factories and other places of employment.29

In the case of Olga Tellis v. Bombay Municipal Corporation & Ors30the court held that
Right to Life includes Right to livelihood and hence is protected under Article 21. Therefore,
basic live condition and healthy environment should be provided to the workers. Further, the
workers cannot in defence claim to have waive their fundamental Rights. The fundamental
rights not only cover things during employment but all matter related to or incidental to

28
11_chapter 3 http://shodhganga.inflibnet.ac.in/bitstream/10603/81209/11/11_chapter%203.pdf
29
http://14.139.60.114:8080/jspui/bitstream/123456789/738/16/Labour%20Law.pdf.
30
AIR 1986 SC 180.

14
employment. In the case of Amita v. Union of India31the Supreme Court opined that
expression in Article 16(1) includes all matter prior and subsequent of employment which are
incidental to employment and form the part of the employment.

The Constitution framers while formulating the concept of positive and negative rights in the
Constitution gave a given clear direction to the Centre and State Government to ensure all-
round development of labour in every walk of life and they should not lag behind either in
social or in political life. The labour legislations enacted after the introduction of constitution
aims at achieving this end and working for the welfare of society at large. Constitution of
India, Articles 14, 19 and 39(d) "Equal pay for equal work” is not an abstract doctrine but one
of substance.32

OPINION AND CONCLUSION

Once the Britishers were aware that they have well established their empire in India they
started exploiting the working class and Indian economy as a whole. Neither the people had
any political or civil rights nor did the Government had any economic or social
responsibilities. Colonial rule disintegrated the Indian rural economy and the India
population.

Discrimination in wage rate, working hour, working environment between the British
population and the Indians lead to an instinct of revolution among the Indian and hence the
demand of Swaraj arose in Indians. Socio-economic ill-treatment was what that lead to the
Indian Independence Movement whose first glimpse was seen in the 1857 Revolt.

During the national struggle, the Congress not only required certain rights from the British
but also swore to secure for the people these rights as also social and economic rights in a
Constitution of free India. The need for such rights arose as Independence would be a
mockery without such rights and obligations of the state towards the India citizens.

The object and implication of the directives were debated at length in the Assembly and both
views, that is, one razing them as mere religious wishes and other highlighting their worth
was expressed. But certainly, the emphasis was on to latter view. The Draft prepared by B.N.
Rau regarding the formation of Directive Principles held that in case of conflict between FR’s

31
(2005) 13 SCC 721.
32
Randhir Singh v. Union of India, AIR 1982 SC 879.

15
and DPSP the general welfare should prevail, making it evident that he wanted to give more
significance to the welfare of all than to the welfare of some individuals.

The mere fact that they were being encompassed by the Constitution shows that every
Legislature would be assured to apply and respect these principles. They signified our target
and goal which we shall have to accomplish in the shortest possible time or in the years to
come. They were rightly regarded the “germs of socialistic Government” and the chapter on
them as most cardinal, an important and creative chapter of the Constitution.

It is to be put to note that these Directives though not enforceable are brought into force as
soon as a fundamental Right is infringed. Violation of any Principles of Chapter force in the
majority of cases brings into force the violation of Article 21 of the Constitution. Most of the
FR’s are enjoyed because of the presence of Chapter VI in the Constitution. The demand for
a socialist pattern of our constitution was important to uplift the working class who were been
discriminated in every sector. Due to the cheap availability of Indian Labourers, Britishers
used to exploit them and were differently treated. Hence, though not enforceable violation of
one leads to violation of Fundamental Rights making it enforceable indirectly.

16