In the past couple of years, the Union Government has been ushering in a change in the rules governing the working conditions of people. But the new labour codes, by amalgamating existing asymmetrical labour laws, not only weaken safeguards for and entitlements of the countrys vast workforce, but also strike at one of the basic structures of theConstitution Federalism.
Since labour falls under the concurrent list of the Constitution, Parliament and state legislatures can make laws on the subject. The government of India has shifted deadlines and not fixed a date to implement theWage Code(enacted in August 2019), the Industrial Relations Code, the Code on Social Security and Occupational Safety, Health and Working Conditions Code (enacted in September 2020). The draft rules (by the Centre) for all the codes have been notified. But major industrial states like Nadu, Maharashtra, Haryana andWest Bengalare yet to frame and notify them. The rules could make a big difference, especially inTamil Naduwhere the DMK government has all along emphasised federalism and social Justice.
Some of the features of the codes like setting threshold for application of social security schemes, retrenchment and closure, specifying safety standards and working conditions in establishments have been delegated to the government to be framed as rules. Although relegating core components of the legislation to rules is against principles of administrative law, state governments could use the space to ensure workers of their entitlements.
The buzz around federalism has made a comeback with the DMK assuming office and with it the demand for state autonomy. This is apparent especially on subjects like Education (shift from the concurrent to state List); NEET, UDAY scheme, one nation-one ration card, smart city projects and the National Food Security Act, which are perceived to be a push towards homogenisation.
Recently, when the state adopted a special resolution to repeal the three farm laws, on the grounds that they were arbitrarily enacted by the Union government without consulting any of the states, the principle of federalism was reaffirmed.
The codes also attack another basic feature of the Constitution Separation of Powers. It allows an officer not below the rank of an under secretary to the government to be notified with the power to impose a penalty instead of a judicial magistrate. Thereby, a judicial function gets vested with the executive under the Wage Code, and the Industrial Relations Code in contravention of Article 50 of the Constitution that mandates the separation of the judiciary from the executive in public Services.