Constitutional Bearing on Labour and Industrial Laws

Social Justice
Meaning: ` Means opportunities in greater measures. ` Does not mean that all wealth should be shared equally. ` Finding a just, fair and equitable solution to human relation problems. Highlighted in: 1. Preamble:     Justice-social, economic and political; Liberty-of thought, expression, belief, faith and worship; Equality-of status and of opportunity and to promote among them all: Fraternity-assuring the dignity of the individual and the unity and integrity of the Nation.

2. Fundamental Rights:  Article 14: not to deny any person equality before law and equal protection of laws.  Article 19(1)(a): Freedom of Speech and Expression  Article 19(1)(b): Freedom to Assemble  Article 19(1)(c): Freedom to Form Associations and Unions  Article 19(1)(g): Freedom of Trade and Occupation.  Article 23: Prohibition against Forced Labour.  Article 24: Prohibition against Child Labour. 3. Directive Principles of State Policy.  Art.38-state shall strive to promote,..social order in which justice, social, economic and political shall prevail.  Art.39d-equal pay for equal work.  Art.39e-avoid forcing citizens to follow occupations unsuitable to their age, health etc.  Art.39f-protection of children and youth from exploitation and moral and material abandonment.  Art.41-securing right to work, education and public assistance in case of unemployment.  Art.42-making provisions for securing just and humane conditions of work and maternity relief.  Art.43-securing for all workers works and living wage.

4. Remedies:  Article 32 and 226: provide for remedy to enforce the Fundamental Rights through the Supreme Court and High Courts. (writ jurisdiction)  Article 136: Special Leave Petition.  Article 132: Constitutional Appeal  Article 133: Civil Appeal

Conclusion
` Industrial Laws of a country depend on the basic philosophy of the constitution. ` In India, the constitution highlights the concept of social economic justice in the preamble itself. ` Entries about labor relations happen in all three lists. Yet most important ones come under the concurrent list. This tends to lessen the tension and friction between Centre and State.