Article 43 of the Costitution of India with Case law
🧾 Article 43 of the Constitution of India – Living Wage, etc., for Workers
🔹 Text of Article 43 – Constitution of India
"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."
🧩 Nature of Article 43
It is a Directive Principle of State Policy (DPSP) under Part IV of the Constitution.
Not enforceable by any court (Article 37), but fundamental in governance.
Aims to improve workers’ socio-economic conditions.
Promotes cottage industries and rural employment.
📘 Key Concepts in Article 43
| Concept | Meaning |
|---|---|
| Living Wage | More than a minimum wage; enough to meet basic needs, education, healthcare, and decent living. |
| Decent Standard of Life | Not just survival, but quality of life with dignity. |
| Cottage Industries | Small-scale, village-based industries; source of rural employment. |
⚖️ Important Case Laws Related to Article 43
1. Bijay Cotton Mills Ltd. v. State of Ajmer (1955)
Issue: Whether minimum wages can be enforced even if they are not economically viable for the employer.
Held: The Court upheld the Minimum Wages Act, stressing that it aims to secure basic subsistence, if not a full living wage.
Relevance: Reinforces State’s role in implementing Article 43 through legislation like Minimum Wages Act, 1948.
2. CERC v. Subhash Chandra Bose (1992)
Issue: Payment of proper wages and service conditions.
Held: The court emphasized the importance of dignified working conditions and fair wages, referring to Article 43 and other DPSPs as interpretative aids.
3. U.P. State Electricity Board v. Hari Shankar Jain (1978)
Held: Although Directive Principles like Article 43 are not justiciable, they should influence interpretation of labour laws and service regulations.
4. Consumer Education and Research Centre v. Union of India (1995)
Held: The Supreme Court read right to health and medical care of workers as part of right to life under Article 21, with support from DPSPs like Article 43.
📌 Key Takeaways
| Feature | Explanation |
|---|---|
| Type | Directive Principle |
| Focus | Workers' welfare, living wages, rural industries |
| Binding? | Not legally enforceable, but morally and politically binding |
| Legislative Backing | Minimum Wages Act, Payment of Wages Act, MGNREGA, Industrial Disputes Act, etc. |
| Related Articles | Article 39(a), 41, 42, 43A, 47 (all deal with labour welfare and dignity of life) |
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