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  • Read the passage and answer the question that follow. In the recent past, lawmakers have made efforts in order to simplify the numerous existing legislation pertaining to

Read the passage and answer the question that follow.

In the recent past, lawmakers have made efforts in order to simplify the numerous existing legislation pertaining to Labor Law in India. One such legislation that has been assented by the Parliament is the Code on Wages, 2019. Since there is a shortage of employment in rural areas, such workers migrate to cities. Due to their casual nature of work, this sector is often kept outside the ambit of labour laws. Minimum Wage is one such prominent aspect wherein the labour sector is witnessed to be in a disadvantageous position. To begin with, the International Labor Office defines the term “Minimum Wage” as the minimum amount of remuneration that an employer is required to pay wage earners for the work performed during a given period, and which cannot be reduced by collective agreement or an individual contract.
In order to take up this issue and rebut the contentions, the objects and positions of the labour rights and laws, as it is placed in the constitution, need first to be made clear. This piece, for various other reasons, is only concerned with the “unenforceable labour rights” contained under the Constitution of India; and makes arguments in favour of the court that how they have, over the years, endeavoured to give these provisions teeth to encroach upon the state’s arbitrariness and in turn to make them follow the constitutional mandate of social welfare. So, the question of whether India should adopt – in its substance – inter alia, the right to work, the right to a living wage, and the right to equal pay for equal work should be regarded as a question of law for the reason that it is a mandate addressed to the ‘State’ under relevant provisions of the Constitution of India. Besides, Articles 38, 39, 41, 42 and 43 have a noteworthy role in labour rights and laws, deriving their origin and philosophy from the Magna Carta of international industrial jurisprudence.

Question - Identify the correct option for the following two statements of Assertion (A) and Reasoning (R).

Assertion (A): During the time of making of the Constitution of India, labor rights were incorporated under Part III of the Constitution.
Reasoning (R): The right to work, the right to a living wage and the right to equal pay for equal work are covered under the Directive Principles of State Policy.

                                 

 

Option: 1

Both (A) and (R) are correct; and (R) is the correct explanation of (A)


Option: 2

Both (A) and (R) are correct; and (R) is the correct explanation of (A)


Option: 3

(A) is correct, but (R) is incorrect

 


Option: 4

(A) is correct, but (R) is incorrect

 


Answers (1)

best_answer

During the time of the Constitution-making, civil rights became enforceable fundamental rights under Part III of the Constitution while the rights of labor were made to be covered under Part IV of the Constitution of India, which lays down the Directive Principles of State Policy. Even though these Directive Principles of State Policies are unenforceable, and one cannot approach the court for their enforceability, provisions for the right to work, right to a living wage, right to equal pay for equal works etc. are binding on the government to be implemented, by the mandate of Article 37 of the Constitution of India. Therefore, the first statement is incorrect.

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seema garhwal

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