Q. Discuss the constitutional and legal validity of public sector strikes in India. Examine how labour reforms have impacted the rights and welfare of workers in recent years.

 

Q. Discuss the constitutional and legal validity of public sector strikes in India. Examine how labour reforms have impacted the rights and welfare of workers in recent years.

(GS Paper II / 15 marks / 250 words)

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Introduction

Strikes in India, especially in the public sector, have long been a tool for workers to voice their dissent. While the Constitution grants certain rights related to association and protest, the legality of strikes—particularly in essential services—remains contested. Recent labour reforms have further altered the landscape of worker rights and protections.

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Constitutional and Legal Validity of Strikes

• Article 19(1)(c) guarantees the right to form associations or unions.

• However, right to strike is not a fundamental right.

🧾 Key Judicial Observations:

• Kameshwar Prasad v. State of Bihar (1962): Upheld the right to peaceful demonstration but not to strike.

• T.K. Rangarajan v. Govt. of Tamil Nadu (2003): SC ruled that government employees have no legal or moral right to strike.

🛡️ Relevant Legal Provisions:

• Industrial Disputes Act, 1947:

  • Recognises strikes but places conditions (e.g., notice, non-strike periods).

• Essential Services Maintenance Act (ESMA):

  • Empowers the government to prohibit strikes in essential services.

• National Security Act / CrPC 144:

  • Often invoked to restrict assembly during bandhs or protests.

⚖️ Thus, while workers can unionise, strikes by public sector employees—especially in essential services—are not legally absolute and may be restricted for public order and continuity of services.

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Impact of Labour Reforms on Workers’ Rights and Welfare

India recently consolidated 29 labour laws into 4 labour codes. Intended to streamline regulations and boost the "ease of doing business," these codes have faced criticism.

🚨 Impacts on Worker Rights:

1. Industrial Relations Code:

   • Increases threshold for mandatory union recognition.

   • Makes legal strikes harder with extended notice periods.

   • Allows easier layoffs in firms with up to 300 workers.

2. Code on Wages:

   • Ensures minimum wage coverage across sectors.

   • But enforcement and regional wage gaps remain a concern.

3. Social Security Code:

   • Attempts to include gig and platform workers.

   • But lacks clarity on funding and coverage mechanisms.

4. Occupational Safety Code:

   • Simplifies compliance but may weaken inspection regimes.

🧑‍🏭 Concerns Raised:

• Dilution of collective bargaining power.

• Increased contractualisation and informalisation.

• Risk of weakened worker protections, especially in small industries.

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Conclusion

While the Constitution allows collective organisation, the right to strike, especially for public sector workers, is legally constrained in India. Recent labour reforms attempt to modernise labour laws but have raised concerns over worker welfare, job security, and the weakening of long-fought rights. A balanced approach—combining productivity with protection—is essential for inclusive economic growth.