Right to Work

RIGHT TO WORK

 

INTRODUCTION 

The concept of the right to work is crucial in any constitutional framework, ensuring that every individual has the fundamental liberty to pursue gainful employment without discrimination or undue restrictions. This right not only supports economic freedom but also fosters social justice by empowering individuals to contribute actively to their society's growth and development. Embedding the right to work within a constitution reflects a commitment to equity and opportunity, promoting dignity and self-sufficiency among all citizens.

Now let's discuss the right to work provided under Indian Constitution.

In our democracy, welfare state concept prevails as an important requirement. As India is the world’s largest democracy, it strictly adherence to socio-economic welfare of the people as it is supposed to be the primary task of the law makers in the state. The constitution of India makes it a duty of state to secure to its people basic socio-economic rights for their welfare. The constitution under part IV deals with DPSP, where it enjoins upon the state to make effective provisions for securing the right to work and the right to public assistance in case of the unemployment. It is pertinent to note that the word right is used only in Article 41 in the chapter of DPSP. Article 41 is analogous to Article 15 of the draft of International Bill of Rights of man. The law under this article is a social and industrial legislation. It is a general direction which the framers of the constitution has given to the succeeding governments to see that there are no undeserved want or unemployment in a democratic society.

The constitutional provision under Article 41 may be read with Article 43, which provides for minimum living wages etc. The Article 43 can be split into two part-

1. The state shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers agricultural, industrial or otherwise work, a living wage, conditions of work providing a decent standard of life and full enjoyment of leisure and social and cultural opportunities.

2. Secondly the state in particular shall endeavor to promote cottage industries on an individual or corporative basis in rural areas. This article also shows that the special concern of the constituent assembly for the welfare of the workers.

 The duty of providing work to all able bodied person is caused upon the state. Unfortunately no remarkable progress was achieved even decades after independence and enforcement of the constitution. It led to the rising graph of unemployment in the country. In the constitution, Article 41 is placed under chapter of DPSP. No doubt, it is a novel feature of the constitution. 

Shri V.N. Rao observed about Part III, fundamental rights and part IV, DPSP. He expressed the view that there are certain rights which require positive action by the state and which can be guaranteed only so far as such action is practicable, while others merely require that the state shall obtained from prejudicial action.

 For example- Right to Work cannot be guaranteed except that a policy of state is to be directed in that direction for the better life and the liberty of the person. The directive principles are guidelines to the parliaments, state legislature, the union and the state executive, to social bodies and other authorities to formulate their legislative and administrative policies in such a way that social and economic interest of the Indian people are well protected. Article 41 enjoins the state to make provisions for providing right to work to the capacity and development of the country within the limits of its economic capacity.

 Most of the constitutional directives in a matter of protection and welfare of worker has been followed up through central and state legislature, except the right to work. Right to work as required by Article 14 especially in the industrial field has been ensured by the increasing employment opportunities and programs of workers education with the corporation of the employers and the workers organization. 

In M.V. Kamnath case while referring to draft article 34, 32 and 31, observing, “I am happy that article 34, 32 and 31 have been incorporated in this part dealing with DPSP. They will provide a new chapter, the charter of new life for the exploited and disinherited and the underprivileged and provide the base or the framework for the blue-print of economic and social democracy in our country.”

CONCLUSION 

The right to work under the Indian Constitution is a fundamental right guaranteed by Article 41 of the Directive Principles of State Policy. It emphasizes the state's duty to secure opportunities for livelihood, prevent unemployment, and ensure equal pay for equal work. This right not only promotes economic justice but also supports social welfare and inclusivity, aiming to uplift the quality of life for all citizens. In essence, the right to work underscores India's commitment to fostering a just and equitable society where every individual has the opportunity to earn a livelihood with dignity.