Right to Work as a Fundamental Right in India: An Overview

The right to work means that people have a human right to work or engage in productive employment and may not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights (UDHR) and recognized in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development.The preamble to the constitution secures social, economic and political justice to all citizens of India. The same resolve is more elaborately repeated in DPSP which, among others, specifically require the state to minimize the inequalities in income and to eliminate inequalities in status, facilities and opportunities as well as to direct its policy towards ensuring that "the ownership and control of the material resources of the community are so distributed as best to sub-serve the common good" and that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. At one time, FRs were having primacy over DPSP. But in recent times, some DPSP have transformed into and become an integral part of the named FRs under part III. Therefore, the sanction of the state or the judiciary is needed for the enforcement of DPSP.

Suggested Citation: Suggested Citation

Adinarayana, J., Right to Work as a Fundamental Right in India: An Overview (August 3, 2015). The IUP Law Review, Vol. IV, No. 4, October 2014, pp. 7-14, Available at SSRN: https://ssrn.com/abstract=2638999

J. Adinarayana (Contact Author)

Christ University ( email )

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