ARTICLE 43 OF INDIAN CONSTITUTION

Article 43 of the Indian Constitution with Explanation and Cases

Article 43 of Indian Constitution says that, the State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Article 43 of Indian Constitution requires the State to strive to secure work to the worker, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities. The last portion of the article lays emphasis on the promotion of cottage industries on an ”individual or cooperative basis in rural areas. Article 43 of Indian Constitution read with Article 38 of Indian Constitution requires the State to provide work but not necessarily a job in State civil service or a security against the termination of such service for good cause.

Article 43 Case Laws

In Bijay Cotton Mills Ltd. V. State of Ajmer it has been held that the fixation of minimum wages of labourers by the legislature is in the interest of the general public and 15, therefore, not violative of the freedom of trade secured to the citizen under Article 19(1)(g). It was further emphasised that if labourers are to be secured in the enjoyment of minimum wages and they are to be protected against exploitation by their employers, it is absolutely necessary that restraints should be imposed upon their freedom of contract, and such restrictions cannot in any sense be said to be unreasonable. On the other hand, employers cannot be heard to complain if they are compelled to pay minimum wages to their labourers, even though the labourers on account of their poverty and helplessness are willing to work on less wages.

DPSP OF STATE

The concept of living wage has been discussed by the Supreme Court in Standard Vacuum Refining Co. of India V. Workmen“ (Standard Vacuum) and Express Newspapers (P) Ltd. V. Union of India, The idea is that every workman shall have a wage which will maintain him in the highest state of industrial efficiency, which will enable him to provide his family with all the material things which are needed for their health and physical well-being, enough to enable him to qualify to discharge his duties as a citizen. The amount of living wage in terms of money will vary as between trade and trade. It is in this broad and idealistic sense that Article 43 of the Constitution refers to living wage when it enunciates the directive principle that the State shall endeavour, inter alia, to secure by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage and conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural Opportunities.

In Standard Vacuum, Gajendragadkar said:

Article 43 (a) of Indian Constitution

The concept of living wage is not a static concept, it is expanding and the number of its constituents and their respective contents are bound to expand and widen with the development and growth of the national economy. That is why it would be impossible to attempt the task of determining the extent of the requirement of the said concept in the context of today in terms of rupees, annas, and pies Or the scanty material placed before us in the present proceedings. We apprehend that it would be inexpedient and unwise to make an effort to concretise the said concept in monetary terms with any degree of definiteness or precision even if inquiry is held. Indeed, it may be true to say that in an under-developed country it would be idle to describe any wage structure as containing the ideal of living wage, though in some cases wages paid by certain employers may appear to be higher than those paid by others.

directive principles of State policy (DPSP)

The directive principles of State policy (DPSP) being conducive to the general interest of the public and to the healthy progress of the nation as a whole, lay down the foundation for appropriate social structure in which the labour will find its dignity, legitimately due to it in lieu of its contribution to the progress of national economic prosperity.

Considering the question of wages in the background of the directive principles, a wage structure should serve to promote a fair remuneration to labour ensuring due social dignity, personality and security, a fair return to capital, and strengthen incentives to efficiency, without being unmindful of the legitimate interest and expectation of the consumer in the matter of prices.

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Article 43 (a) of Indian Constitution

Participation of workers in management of industries-The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry. In upholding the right of workers to be heard in the. Winding up proceedings of a company, the Court drew support from this article. Participation of workers in the management is becoming an acceptable growing norm.

ARTICLE 43(b)

Promotion of co-operative societies. The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

ARTICLE 43

BIBLIOGRAPHY- V.N SHUKHLA CONSTITUTION OF INDIA

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