Right To Work In India
Source: The Hindu
GS II: Government Policies and Interventions, GS III: Employment, Inclusive Growth
Overview
- The Right to Work is recognized under Article 41 as a DPSP, while Articles 39, 42 and 43 support livelihood, fair wages and humane working conditions.
- Judicial interpretation of Article 21 and MGNREGA gave greater legal significance to the right to livelihood and rural employment.
- The new rural employment framework raises concerns over funding limits, wages, State finances, employment availability and possible exclusion.
- A strong employment guarantee should ensure adequate wages, predictable funding, accountability and productive rural employment to promote dignity and inclusive growth.
Why in the News?
A recent Supreme Court hearing on rural employment guarantee programmes raised an important constitutional question: whether the Right to Work should receive protection comparable to the fundamental Right to Life under Article 21.
News in Brief
- The debate has gained significance following the replacement of MGNREGA by the Viksit Bharat–Guarantee for Rozgar & Ajeevika Mission (Gramin) [VB-GRAM G] Act, which came into effect from July 2026.
- Employment under the new framework reportedly fell sharply in July–August 2026 compared with the preceding five-year average
- Also, introduces concerns regarding funding limits, wage determination, exclusion of areas and greater fiscal burden on States.
Key Constitutional Provisions Related to the Right to Work
- Article 41 reflects the Constitution’s vision of a welfare state by directing the government to make effective provisions for the right to work, right to education, and public assistance in situations such as unemployment, old age, sickness, and disability.
- However, this obligation depends on the State’s economic capacity and level of development, making it a Directive Principle rather than a legally enforceable Fundamental Right.
Article 39 – Right to Livelihood and Fair Economic Justice
- Article 39 lays down the principles that guide the State in ensuring economic justice.
- It calls for adequate means of livelihood for all citizens, promotes equal pay for equal work for both men and women, and seeks the equitable distribution of material resources so that they benefit the larger public.
Article 42 – Humane Working Conditions
- Article 42 directs the State to create just and humane conditions of work.
- It also mandates maternity relief, recognizing the need to protect the health, dignity, and welfare of women in the workplace.
Article 43 – Living Wage and Decent Standard of Life
- Article 43 goes beyond providing employment and emphasizes the quality of work and livelihood.
- It directs the State to ensure a living wage, decent working conditions, and opportunities for workers to enjoy a dignified standard of life along with social and cultural well-being.
Together, Articles 39, 41, 42, and 43 form the constitutional foundation of India’s labour welfare framework and guide policies such as MGNREGA, minimum wage laws, social security measures, and employment guarantee programmes.
Right to Work: Fundamental Right or DPSP?
The question of whether the Right to Work should be a Fundamental Right was debated in the Constituent Assembly.
- K.T. Shah favored making it a Fundamental Right, which would place a direct obligation on the State.
- B.R. Ambedkar recognized the practical difficulty of guaranteeing employment to everyone immediately, given India’s economic conditions.
- The Constitution therefore adopted a progressive and aspirational approach and placed the Right to Work under Article 41, as a Directive Principle of State Policy (DPSP) rather than a Fundamental Right.
- This allows the State to work towards universal employment progressively, according to its economic capacity and development.
From Constitutional Approach to Statutory Right
- Olga Tellis Case, 1985- The Supreme Court held that the right to livelihood is part of the Right to Life under Article 21, giving greater constitutional importance to livelihood.
- MGNREGA, 2005- MGNREGA gave a statutory basis to the right-to-work principle by providing:
- 100 days of guaranteed wage employment per rural household.
- Demand-driven employment for adults willing to do unskilled manual work.
- Unemployment allowance if work is not provided.
- Social audits and Gram Panchayat participation.
- Timely wage payment provisions.
- Significance- It changed rural employment from a welfare approach to a rights-based approach, making employment a legal entitlement.
Major Concerns Under the New VB-GRAM G Framework
- Funding- Moving away from a fully demand-driven model and introducing funding limits may affect the availability of guaranteed employment.
- Wages- Concerns remain over wages being insufficient in relation to minimum and living wage standards.
- State finances- A higher financial burden on States could strain already limited fiscal resources.
- Exclusion- Provision to exclude or denotify certain areas may weaken the universal nature of the employment guarantee.
- Employment decline- The article points to a significant fall in rural employment under the new framework.
Minimum Wages and Right to Work
- In Sanjit Roy v. State of Rajasthan (1983), the Supreme Court held that paying less than the minimum wage can amount to forced labour under Article 23.
- Thus, an employment guarantee must ensure not only access to work but also fair wages.
Doctrine of Non-Retrogression
- The doctrine of non-retrogression raises the question of whether the State can reduce existing social and economic protections after they have been progressively established.
- In the context of employment guarantees, any dilution of existing rights must be examined against principles of social justice, equality, dignity and the welfare state.
- The issue highlights the balance between State resources and progressive realisation of socio-economic rights.
Challenges to the Right-to-Work Framework
- Workers may not receive adequate wages on time.
- Limited funds can reduce the availability of employment.
- Rural wage growth may not keep pace with rising living costs.
- Employment programmes may not provide sufficient work to meet demand.
- Poor monitoring can lead to leakages and weak accountability.
- Higher State contributions can strain State finances.
- Vulnerable regions and workers may be left out of employment support.
- A large informal workforce continues to face insecure and unpaid employment.
Way Forward and Conclusion
India needs to strengthen the right to work by ensuring adequate and timely wages, predictable funding and effective social audits, while reducing the financial burden on States. Employment programmes should focus on creating durable rural assets, improving skills and generating productive employment rather than providing only short-term relief.
At the same time, vulnerable workers and regions must not be excluded from employment support. A strong rural employment framework can therefore serve both as a social safety net and a means of promoting rural demand, dignity of work and inclusive growth.
UPSC Prelims and Mains Practice Question
Consider the following statements regarding the Right to Work in India:
- Article 41 of the Constitution recognises the Right to Work as a Fundamental Right.
- The Supreme Court has recognised the right to livelihood as being connected with Article 21.
- MGNREGA sought to convert the constitutional commitment to the Right to Work into a statutory entitlement.
Which of the statements given above is/are correct?
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3
Answer: (b) 2 and 3 only
Mains Practice Question
Q) A welfare state is not merely one that provides relief, but one that creates conditions for dignified livelihood. (Essay)
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