A Critical Analysis Of Right To Equal Pay For Equal Work In Legal And Judicial Perspective With Case Law Analysis
Swati.V, Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
The Research centers around the theme of Equal Pay for Equal Work, examining it from both constitutional and labor legislative perspectives. The core objective is to delve into the constitutional underpinnings of this concept, tracing its origins within the constitution and its evolution from fundamental rights. Furthermore, we aim to analyze the integration of this principle into various enactments, such as the Equal Remuneration Act, as well as its application to scenarios like Contract Labor and the Factories Act.
The preamble of the Constitution of India serves as an introductory statement, outlining the objectives and goals envisioned by the framers of the nation's policy. It outlines a diverse range of socio-economic aims aimed at ensuring rights for Indian citizens (and sometimes foreigners) and securing justice, liberty, equality, and fraternity for all. Part IV of the Constitution introduces the Directive Principles of State Policy, a novel inclusion inspired by the Irish Constitution and subsequently by the Spanish Constitution.
These Directive Principles lay down the fundamental objectives that the state should pursue in governing the country. They function as guidelines, informing governmental policy formation. They also present a distinct set of moral responsibilities that the state should uphold while creating laws and regulations. In essence, Directive Principles serve as a tool for steering the government towards the constitutional ideals, striving for comprehensive democracy encompassing political and economic dimensions. This alignment occurs when the government actively embraces these outlined goals, striving to transform India into a practical welfare state. It's crucial to note that these principles are non-justiciable, outlining economic, social, and political aims of the Indian constitutional framework. They impose an affirmative duty on the state, and this implementation can be constrained by various factors, including resource availability.
The context of the enforceability of directive principles is pertinent to the present discussion because the notion of "equal pay for equal work," forming part of these principles, shares a similar status. However, Indian courts, particularly the Supreme Court, consistently view the principle of equal pay for equal work as not merely a Directive Principle but a constitutional objective. This view elevates its importance, aligning it with the fundamental rights under the Right to Equality (Article 14).
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