Parliament empowered to enact laws, challenge possible only if labour codes violate basic rights
As an ordinary worker, I am uncertain about how the proposed new labour codes may impact workers’ rights and job security. Reports suggest that companies may gain greater flexibility in hiring and layoffs, while rules surrounding strikes and union activities may become stricter. However, the reforms also mention expanding social security coverage. If workers believe these changes unfairly impact their livelihood or working conditions, what legal remedies are available to them? Can individual workers or unions approach courts, labour authorities or tribunals? What steps should workers take to safeguard their rights and avoid exploitation under the framework?
-- Ramalingam, Perungudi
The Union government’s claims about the four new labour codes simplifying laws and expanding workers’ rights may not fully materialise, given certain provisions. Though the codes subsume 29 earlier legislations, concerns persist over dilution of protections relating to job security, collective bargaining and strike actions. Challenging these codes is legally difficult, as Parliament is empowered to enact laws. Judicial review is generally possible only if provisions violate fundamental rights or constitutional safeguards. However, workers or unions can still approach labour authorities, industrial tribunals or courts against unfair termination, denial of benefits or violation of statutory safeguards. Maintaining employment records, contracts, wage slips and union membership documents is essential to safeguard rights.
Right to vote is statutory, subject to laws enacted by Parliament, limiting judicial review
Regarding the Special Intensive Revision of electoral rolls and the cautious stance of the Supreme Court of India on petitions related to it in Tamil Nadu and West Bengal, many voters are worried about their names being wrongly deleted, altered, or omitted. What legal remedies are available if such errors occur? Can individuals directly approach election authorities or courts, and what documents would they need to support their claims? If discrepancies are discovered after elections are announced or concluded, do voters still have legal options? What practical steps can citizens take to safeguard their voting rights during large-scale electoral roll revisions?
-- Venkat Marimuthu, Sriperumbudur
The Special Intensive Revision (SIR) is currently under consideration before the Supreme Court of India on petitions filed by Tamil Nadu and West Bengal, and clarity may emerge from the proceedings. Though India is a democratic republic, the right to vote is statutory, subject to laws enacted by the Parliament of India, limiting judicial review. The Election Commission of India, an autonomous constitutional body, is empowered to conduct elections and revise rolls. Voters can file claims or objections before electoral registration officers with identity proof, residence records and enrolment details. Even after poll notification, remedies exist through election petitions or statutory appeals. Citizens should verify enrolment status periodically and preserve relevant supporting documents.
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DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns