Labour Laws and Constitution of India for CLAT - Practice Questions & MCQ

1. Fundamental Rights and Labour Laws:

The Indian Constitution guarantees certain fundamental rights to all citizens, and some of these rights are closely related to labor laws:

• Right to Equality (Articles 14-18): Article 14 ensures equality before the law and equal protection of the law to all citizens. This principle is reflected in labor laws that prohibit discrimination in employment based on factors like religion, race, caste, sex, or place of birth. For example, the Equal Remuneration Act, 1976, ensures equal pay for equal work irrespective of gender.
• Right to Freedom (Articles 19-22): The right to freedom includes the freedom to choose one's profession, trade, or occupation. Labor laws ensure that individuals have the freedom to work in their chosen field without unreasonable restrictions.
• Right against Exploitation (Articles 23-24): Article 23 prohibits trafficking, forced labor, and child labor. This forms the basis for laws like the Bonded Labor System (Abolition) Act, 1976, which abolishes bonded labor and forced labor.

2. Directive Principles of State Policy (DPSP):

• The DPSP, as mentioned earlier, guide the state in policy-making. The following DPSPs are particularly relevant to labor laws:
  • Article 43 - Living Wage: It calls for the state to secure a living wage, conditions of work ensuring a decent standard of life, and full enjoyment of leisure. This underpins minimum wage laws and decent working conditions.
  • Article 43A - Participation of Workers in Management: Though not directly related to labor laws, it encourages the participation of workers in the management of industries. This principle aligns with various labor welfare schemes and the concept of industrial democracy.

3. Case Law Examples: M.C. Mehta v. Union of India (1987)

• Background
  • The case focused on hazardous industries in Delhi that were polluting the environment and endangering public health.
• Central Issue
  • The case centered on whether the right to life under Article 21 of the Indian Constitution includes the right to a pollution-free environment.
• Key Judgments and Outcomes
  • M.C. Mehta I (1986): Ordered the closure of polluting industries and affirmed the right to a wholesome environment.
  • M.C. Mehta II (1987): Directed the government to take measures to prevent environmental pollution, including industry relocation, cleaner technologies, and compensation to affected individuals.
  • M.C. Mehta III (1987): Continued monitoring of orders and emphasized the importance of safeguarding the environment.
• Significance
  • Established that the right to life includes the right to a clean environment.
  • Introduced the "Polluter Pays Principle," making polluters responsible for cleanup and compensation.
  • Influenced the development of environmental laws and regulations in India.
  • Demonstrated the judiciary's role in environmental protection and government accountability.

4. Specific Labour Laws and Constitution:

• Payment of Bonus Act, 1965: This law ensures that workers receive a bonus as a share in the profits of the establishment. It aligns with Article 38(1) (Promotion of Welfare) of the Constitution, which emphasizes promoting the welfare of the people.
• Employees' Provident Funds and Miscellaneous Provisions Act, 1952: This act establishes a provident fund for employees and their families. It is in line with Article 41 (Right to Work) and Article 42 (Provision for Just and Humane Conditions of Work and Maternity Relief) of the Constitution, which emphasize the right to work and humane working conditions.