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Showing posts with the label Directive Principles of State Policy

Supreme Court’s Refusal to Examine ‘Industry’ Definition Under the Industrial Relations Code, 2020: Revisiting the Legacy of Bangalore Water Supply

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I. Introduction A nine-judge Constitution Bench of the Supreme Court of India , led by Chief Justice of India Surya Kant , has clarified that it will not examine the definition of “industry” under the Industrial Relations Code, 2020 while reviewing the correctness of the landmark 1978 judgment in Bangalore Water Supply v A Rajappa . Instead, the Court has confined its inquiry to determining whether the interpretation of “industry” under the earlier statutory regime—specifically the Industrial Disputes Act, 1947—was correctly decided in 1978. II. Background: The 1978 Bangalore Water Supply Judgment The decision in Bangalore Water Supply v. A. Rajappa (1978) remains one of the most significant rulings in Indian labour law. The Court interpreted Section 2(j) of the Industrial Disputes Act, 1947 expansively and introduced a “triple test” to determine what constitutes an “industry”: Systematic activity Cooperation between employer and employee Production or distribution of goods and se...

Menstrual Leave and Constitutional Equality: Supreme Court’s Refusal to Mandate Leave and the Debate on Gender-Sensitive Workplace Policy

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I. Introduction The Supreme Court of India recently declined to mandate a nationwide policy on menstrual leave, observing that such a legal requirement may not necessarily be in the best interest of women in the workforce. The Court dismissed a Public Interest Litigation (PIL) seeking judicial directions for compulsory menstrual leave but emphasised that the Union government should consider developing a policy framework after consulting stakeholders . The decision reflects a complex policy dilemma: while menstrual leave is often framed as a step toward gender-sensitive workplace reform , the Court cautioned that mandatory legal provisions could inadvertently reinforce discriminatory attitudes in hiring and workplace participation. The judgment therefore situates the issue within a broader constitutional debate involving gender equality, workplace rights, state policy obligations, and judicial restraint in socio-economic policymaking . II. Background of the Public Interest Litigation T...

MGNREGA vs Viksit Bharat Rozgar & Ajeevika Mission (Gramin): A Structural Shift in Rural Employment Policy

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Introduction: From Wage Security to Sustainable Livelihoods India’s rural employment framework is undergoing a conceptual transition. While the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) was designed as a rights-based wage employment safety net, the proposed Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) Bill, 2025 aims to integrate employment with livelihood creation, skilling, and long-term economic productivity . This shift aligns with the Government’s stated goal of achieving Viksit Bharat (Developed India) by 2047 . Statutory Background of MGNREGA MGNREGA is a central legislation enacted in 2005 guaranteeing 100 days of unskilled manual wage employment per financial year to every rural household whose adult members volunteer to work. Key Legal Features Demand-driven employment guarantee Statutory right to work Unemployment allowance for failure to provide work Decentralised implementation through Panchayati Raj Institutions Focus...