The broken promise of right to work, Pg8

Key Highlights:

• The Supreme Court recently discussed the "Right to Work" and its potential alignment with Article 21 (Right to Life), while hearing a petition on minimum wages in rural employment guarantee programs.
• The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), a demand-driven right-to-work law, was replaced by the Viksit Bharat — Guarantee for Rozgar & Ajeevika Mission (Gramin) (VB-GRAM G) Act in December 2025.
• The VB-GRAM G Act began implementation on July 1, leading to a 68% decrease in employment in July and August compared to the average of the preceding five years under MGNREGA.
• The new act places a disproportionate fiscal burden on states and has been criticized for diluting the right-to-work framework.

Detailed Insights:

• The Constituent Assembly debated whether the right to work should be a Fundamental Right or part of the Directive Principles of State Policy (DPSP).
• Dr. B.R. Ambedkar argued against immediate universal enforcement as a fundamental right due to fiscal and institutional viability concerns in newly independent India.
• Article 41 of the DPSP mandates the State to secure the right to work within its economic capacity.
• Articles 39, 42, and 43 of the DPSP further call for adequate means of livelihood, equal pay, and just working conditions.
• The Supreme Court, in Olga Tellis vs Bombay Municipal Corporation (1985), linked the right to livelihood to the fundamental right to life.
• MGNREGA wages were delinked from the Minimum Wages Act, 1948, in 2009, often remaining lower than minimum agricultural wages.
• The VB-GRAM G Act is criticized for arbitrary funding caps, not linking wages to minimum wages, and provisions to denotify areas, limiting universality.
• The Doctrine of Non-Retrogression, affirmed in Navtej Singh Johar vs Union of India, suggests that established rights should not be diluted by subsequent legislation.
• Higher wages for rural workers can increase purchasing power, enhance human development, and create a positive economic multiplier effect.
• States face fiscal constraints under the Fiscal Responsibility and Budget Management (FRBM) framework, exacerbating the burden of the new act.

Key Concepts Involved:

• Right to Work: A socio-economic right ensuring individuals have the opportunity to engage in productive employment.
• Directive Principles of State Policy (DPSP): Non-justiciable guidelines for the state to be considered while framing laws and policies.
• Fundamental Rights: Justiciable rights enshrined in the Constitution, guaranteeing basic freedoms and protections to citizens.
• Doctrine of Non-Retrogression: A legal principle stating that a state cannot take measures that deliberately undo progressive legislation or the enforceability of a right once achieved.