Which Article of the Indian Constitution deals with 'Equal pay for equal work'?

The correct answer is Article 39.

Key Points

• Article 39 of the Indian Constitution is a part of the Directive Principles of State Policy (DPSP) and directs the state to ensure equal pay for equal work for both men and women.
• It emphasizes social and economic justice to minimize inequalities in income, opportunities, and status among individuals.
• The principle of "Equal pay for equal work" is aimed at eliminating gender discrimination and promoting fairness in employment practices.
• Though not enforceable by the courts, Article 39 serves as a guiding principle for policymaking and legislation.
• This directive has been reinforced through various labor laws and judicial interpretations in India.

Additional Information

• Directive Principles of State Policy (DPSP)
  • DPSPs are enshrined in Part IV (Articles 36-51) of the Indian Constitution and aim to establish a welfare state in India.
  • These principles are non-justiciable, meaning they cannot be enforced by the courts but are fundamental in governance.
  • They act as guidelines for the state to frame laws and policies for the socio-economic development of the country.
• Equal Pay for Equal Work
  • The concept is a fundamental aspect of labor rights and is recognized globally under conventions of the International Labour Organization (ILO).
  • In India, laws such as the Equal Remuneration Act, 1976, uphold this principle by prohibiting gender-based discrimination in wages.
  • The Supreme Court of India has also upheld this principle in several landmark judgments.
• Article 14
  • Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection of the laws within the territory of India.
  • While Article 14 focuses on legal equality, Article 39 emphasizes economic and social equality.
• Judicial Interpretations
  • In the case of Randhir Singh vs Union of India (1982), the Supreme Court ruled that the principle of "equal pay for equal work" is a constitutional goal under Articles 14, 16, and 39(d).
  • The judiciary has played a vital role in ensuring the implementation of this principle in labor-related disputes.