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UPSC LAW Optional

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The latest Messages 32

2021-10-09 10:53:37 Constitutional Provisions Related to Labour

Indian constitution provides numerous safeguards for the protection of labour rights. These safeguards are in the form of fundamental rights and the Directive principle of State policy.

*Article 14* commands the State to treat any person equally before the law.

*Article (19) (1) (c)* grants citizens the right to form associations or unions.

*Article21* promises protection of life and personal liberty.

*Article 23* prohibits forced labour.

*Article 24* prohibits employment of children below the age of fourteen years.

*Article 39(a)* provides that the State shall secure to its citizens equal right to an adequate means of livelihood.

*Article 41* provides that within the limits of its economic capacity the State shall secure for the Right to work and education.

*Article 42* instructs the State to make provisions for securing just and humane conditions of work and for maternity relief.

*Article 43* orders the State to secure a living wage, decent conditions of work and social and cultural opportunities to all workers through legislation or economic organisation.

*Article 43A* provides for the participation of workers in Management of Industries through legislation.

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2021-10-09 10:53:37 FUNDAMENTAL DUTIES

The original constitution did not provide for Fundamental Duties of the citizens. These were added during theoperation of internal emergency(1975-77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of theSwaran Singh Committee.

The Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the eleven Fundamental Duties viz., to respect the Constitution, national flag and national anthem; to protect the sovereignty, unity and integrity of the country; to promote the spirit of common brotherhood amongst all the people; to preserve the rich heritage of our composite culture and so on.

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2021-10-09 10:53:36 SINGLE CITIZENSHIP

Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship, that is, the Indian citizenship.

In countries like USA, on the other hand, each person is not only a citizen of USA, but also a citizen of the particular state to which he belongs.

Thus, he owes allegiance to both and enjoys dual sets of rights–one conferred by the National government and another by the state government.

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2021-10-09 10:53:36 SOURCE OF THE CONSTITUTION :

Government of India Act, 1935 : Federal Scheme, office of the Governor, power of Federal Judiciary, Public Service Commission, Emergency provisions.

USA Constitution : Fundamental Rights, written constitution, Supreme Court,
Independence of Judiciary and Judicial Reviews, President as the Executive

Head. The Vice- President, Impeachment of the President, Removal of Supreme
Court and High Court Judges, Preamble.

British Constitution : Parliamentary system, Rule of law, legislative procedure, Prime Minister, Cabinet System, Single Citizenship, Prerogative writs, Bicameral Parliament, Nominal head- President, provision of speaker

Australian Constitution : The concurrent list, centrestate Relationship, Freedom of trade, commerce and intercourse, Joint sitting of the two Houses of the Parliament, Language of the preamble.

Soviet (USSR) Constitution : Fundamental Duties and ideal of justice, Five
year Plan.

German/Weimar Constitution : Emergency provisions and their effect on the Fundamental Rights.

Japan Constitution : Procedure established by the law.

Canadian Constitution : Appointment of state Governor by the centre, Advisory jurisdiction of the Supreme Court, Federation with a strong centre, vesting of residuary powers in the centre.

South African Constitution : Procedure of Amendment of the constitution, Election of the Members of Rajya Sabha.

Irish Constitution : Directive principles of state policy, Nominations of Members of Rajya sabha, method of Election of President.


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