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Constitutional Provisions on Labour for UPSC EPFO APFC: Articles 23, 24, 39, 41, 42, 43, 43A and Seventh Schedule Entries with 10 MCQs
Understand workers’ rights, the State’s policy duties, and who can make labour laws—one clear constitutional map.
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Why the Constitution matters in the APFC labour paper
Most aspirants spend weeks on the four Labour Codes and then lose easy marks on a question like “Participation of workers in management is mentioned in which Article?” UPSC regularly ties labour law back to its constitutional roots, because every Code you read is the State giving shape to a promise already written in Part III or Part IV. If you know which Article says what, which amendment added it and which list of the Seventh Schedule gives Parliament the power, you can answer these questions in seconds and use them to eliminate options elsewhere.
This note is built for that. Pair it with CrackTarget’s 100 constitutional articles one-liners for a quick polity sweep, and keep the Labour Laws in India overview open when you link each Article to the law that implements it.
Fundamental Rights that protect workers
Article 19(1)(c): right to form associations or unions
Citizens have the right to form associations or unions, and co-operative societies (words added by the 97th Amendment, 2011). Reasonable restrictions are allowed under Article 19(4) in the interests of sovereignty and integrity of India, public order or morality. This right is the base for the Trade Unions provisions now in Chapter III of the IR Code.
Article 23: traffic in human beings and forced labour
Article 23 prohibits traffic in human beings, begar and other similar forms of forced labour, and makes any contravention an offence punishable by law. It applies against private persons too, not only the State. Article 23(2) still allows compulsory service for public purposes, without discrimination on grounds of religion, race, caste or class alone. Parliament enforced this through the Bonded Labour System (Abolition) Act, 1976.
The landmark case is People’s Union for Democratic Rights v. Union of India (1982, the Asiad workers case): paying a worker less than the minimum wage amounts to forced labour under Article 23. Bandhua Mukti Morcha v. Union of India (1984) carried the same reasoning into bonded labour in stone quarries.
Article 24: no children below 14 in factories, mines or hazardous employment
No child below 14 years shall be employed in any factory or mine or engaged in any other hazardous employment. In M.C. Mehta v. State of Tamil Nadu (1996) the Supreme Court directed offending employers to pay ₹20,000 per child into a Child Labour Rehabilitation-cum-Welfare Fund. Do not confuse constitutional and statutory scope: Article 24 itself covers every factory and mine, as well as other hazardous employment; it is not a ban on every kind of work. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended in 2016, is broader: it generally prohibits employment of children below 14 in all occupations and processes, subject to limited statutory exceptions, and prohibits adolescents aged 14–18 in hazardous occupations and processes. Read those exceptions narrowly; they do not override Article 24.
Articles 14, 16 and 21
Equality (Art 14) and equality of opportunity in public employment (Art 16) gave rise to “equal pay for equal work” as an enforceable idea in Randhir Singh v. Union of India (1982), read with Article 39(d). State of Punjab v. Jagjit Singh (2016) applied it to qualifying temporary government employees performing the same duties and responsibilities as regular employees: entitlement was to the minimum of the regular pay scale, not automatic regularisation or every service benefit. Qualifications, duties and other parity conditions matter. Olga Tellis (1985) read the right to livelihood into Article 21; this does not create an absolute right to occupy public land or prevent lawful eviction following fair procedure.
Directive Principles: the labour charter in Part IV
In plain language: Fundamental Rights can be enforced in court. Directive Principles guide the State’s law-making and policy, but are not independently enforceable by courts (Article 37). A law implementing a Directive Principle may create enforceable statutory rights; courts may also read the principles alongside Fundamental Rights. These are different routes, not direct enforcement of Part IV.
| Article | What it directs | Implemented through (examples) |
|---|---|---|
| 38 | Social order based on social, economic and political justice; 38(2) minimise inequalities in income (added by 44th Amendment, 1978) | Labour Codes as a whole |
| 39(a) | Adequate means of livelihood for all citizens, men and women equally | Employment schemes, minimum wages |
| 39(d) | Equal pay for equal work for both men and women | Sec 3, Code on Wages (no gender discrimination) |
| 39(e) | Health and strength of workers and the tender age of children not abused | OSH Code, child labour law |
| 39(f) | Healthy development of children in freedom and dignity; protection of childhood and youth against exploitation and moral and material abandonment | Child protection and education measures |
| 39A | Equal justice and free legal aid (42nd Amendment, 1976) | Legal Services Authorities Act, 1987 |
| 41 | Right to work, education and public assistance in unemployment, old age, sickness and disablement, within economic capacity and development, including other cases of undeserved want | EPF, EPS, ESI, social security schemes |
| 42 | Just and humane conditions of work and maternity relief | Maternity benefit chapter, Code on Social Security; OSH Code |
| 43 | Living wage, conditions ensuring a decent standard of life, leisure, and promotion of cottage industries | Code on Wages, floor wage |
| 43A | Participation of workers in management of industries (42nd Amendment, 1976) | Works Committee, Sec 3 IR Code |
| 43B | Voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (97th Amendment, 2011) | Co-operative laws |
Seventh Schedule: who makes labour law?
Labour is mainly a Concurrent List subject, which is why both Parliament and the States make labour laws and why States frame their own rules under the Codes.
| List and entry | Subject |
|---|---|
| Concurrent List, Entry 22 | Trade unions; industrial and labour disputes |
| Concurrent List, Entry 23 | Social security and social insurance; employment and unemployment |
| Concurrent List, Entry 24 | Welfare of labour, including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits |
| Union List, Entry 55 | Regulation of labour and safety in mines and oilfields |
| Union List, Entry 61 | Industrial disputes concerning Union employees |
| State List, Entry 9 | Relief of the disabled and unemployable |
Because these subjects are concurrent, a State law that conflicts with a central labour law is void to the extent of repugnancy under Article 254(1), unless it was reserved for and received the President’s assent under Article 254(2). Presidential assent does not remove Parliament’s power to enact a later law adding to, amending, varying or repealing the State law. These rules concern repugnancy on Concurrent List matters; they do not make every labour subject concurrent.
High-yield traps
- Provident funds are in Concurrent List Entry 24, not the Union List. EPFO still runs nationally because Parliament legislated.
- Article 43A (workers’ participation) and 39A (legal aid) both came with the 42nd Amendment, 1976. 38(2) came with the 44th, and 43B with the 97th.
- Article 24 uses age 14 and covers factories, mines and other hazardous employment, not all employment.
- Maternity relief is Article 42, not 39 or 43.
- Article 23 binds private employers too. Wages below the statutory minimum are forced labour (PUDR, 1982).
- There is no fundamental right to strike under Article 19(1)(c).
Revision memory card
23 no forced labour · 24 no child below 14 in factories, mines or other hazardous employment · 39(d) equal pay · 41 work and public assistance · 42 humane conditions and maternity · 43 living wage · 43A workers in management · Concurrent 22-23-24 = Unions and disputes, Social security, Welfare and PF.
10 practice MCQs with score analysis
Attempt all ten, then press Submit. You will see correct, wrong and unattempted counts, your percentage and explanations.
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FAQ
Are Directive Principles enforceable in court?
No. Article 37 says they are not enforceable by any court, but they are fundamental in governance and the State must apply them in making laws. Courts also use them to interpret Fundamental Rights, as in the equal pay and livelihood cases.
Is labour a Union or a State subject?
Mostly Concurrent: Entries 22, 23 and 24 of List III. A few items are Union-only (mines and oilfields under Entry 55, disputes of Union employees under Entry 61), and relief of the disabled and unemployable is a State subject (Entry 9, List II).
Which Article is linked to EPF and ESI schemes?
Article 41 (public assistance in unemployment, old age, sickness and disablement) and Article 42 (maternity relief) are the main anchors, with Concurrent Entries 23 and 24 giving Parliament the power to legislate.
Does Article 23 apply to private employers?
Yes. Article 23 is enforceable against the State and private persons alike, which is why bonded labour and sub-minimum wages by private contractors were struck at in PUDR and Bandhua Mukti Morcha.