Page 9 - DCOM207_LABOUR_LAWS

Labour Laws

Notes 1.2 Constitutional Directives and Limitations to Labour Law

Following are the Constitutional Directives and Limitations to Labour Law:

1.2.1 Constitutional Directives to Labour Laws

The people of India resolved, on November 26, 1949, to constitute India into a sovereign
democratic republic and secure to all its citizens.
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity
They framed a Constitution which seeks to provide a frame work for the achievement of these
objectives. The Preamble has been amplified and elaborated in Part IV of the Constitution, which
deals with the Directive Principle of State Policy. The State has been directed to promote the
welfare of the people by securing and protecting as effectively as may, a social order in which
justice, social economic and political, shall inform all institutions of the national life. Further, the
State has been directed to strive to secure, inter alia,

(i) an adequate means of livelihood,
(ii) the proper distribution of ownership and control of the, material resources of the community
so that it may best subserve the common need,

(iii) the prevention of the concentration of wealth and means of production,
(iv) equal pay for equal work to men and women,
(v) the health and strength of workers,
(vi) right to work,

(vii) right to education and to public assistance in cases of undeserved want, just and humane
conditions of work and for maternity relief,
(viii) living wage and decent standard of life to labourers
(ix) higher level nutrition and standard of living and improved public health.

The Directive Principles spell out the socio-economic objectives of the national policy to be realised
by labour; legislation as well as by other legislations. These are directives to the legislature,
executive and the judiciary, which are committed to make, interpret and enforce law.

1.2.2 Constitutional Limitations on Labour Laws

Although labour policy seeks to create high minimum standards of employment, the choice
of the legislature in seeking to achieve the objective are not unqualified. Minimum standard
legislation is subject to various limitations. To begin with, in order to guarantee the fundamental
rights, the Indian Constitution imposes certain limitations on the legislations on the legislature
and the executive. To the extent it is inconsistent with or derogatory to a fundamental right, the
legislation is void. Fundamental rights are enforceable by the courts under Articles 32 and 226.
The fundamental rights are enumerated in Part-III of the Constitution. The whole object of Part-
III is to provide protection for the freedom and rights mentioned therein against arbitrary action

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