Labour Rights in the Indian Constitution and Beyond: Challenges and Reforms

The Indian Constitution, often hailed as a social document, embeds labour rights within its framework, primarily through fundamental rights under Part III and Directive Principles of State Policy (DPSP) under Part IV. However, key labour rights, such as the right to form trade unions, collective bargaining, and the right to strike, are not recognized as fundamental rights, as clarified by judicial interpretations like All India Bank Employees’ Association v. National Industrial Tribunal. This article critically examines the constitutional and statutory provisions governing labour rights in India, the colonial legacy of the Trade Unions Act, 1926, and the implications of recent labour code reforms. It highlights the low participation in trade unions, the shift from a socialist to a facilitative state, and systemic issues like judicial delays and societal inequalities. Drawing comparisons with international standards, such as those of the International Labour Organization (ILO), the article proposes constitutional, legislative, and judicial reforms to strengthen labour protections and align with global norms.