Article 43A is a significant addition to Part IV of the Indian Constitution, which deals with the Directive Principles of State Policy (DPSPs). Introduced by the 42nd Amendment Act, 1976, it reflects the State’s commitment towards fostering a more equitable and democratic industrial environment.
This article embodies the principle of industrial democracy by advocating for the involvement of workers in the decision-making processes of the entities they work for. It represents a move towards recognizing the worker not merely as an employee but as a stakeholder in the industrial undertaking, contributing to both its success and the broader societal goal of social justice.
Original Text
43A. Participation of workers in management of industries.— The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
Detailed Explanation
Article 43A is a Directive Principle of State Policy, meaning it is not directly enforceable by courts, but the principles laid down are fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws.
- Directive to the State: The primary addressee of this Article is the ‘State’, as defined in Article 12, which includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
- Obligation: The State “shall take steps”. This indicates a positive obligation on the part of the State to work towards securing worker participation.
- Methodology: The steps can be taken “by suitable legislation or in any other way”. This provides flexibility to the State to adopt various methods, including enacting specific laws, formulating policies, or promoting voluntary schemes to achieve the objective.
- Beneficiaries: The principle aims to secure the participation of “workers”. This typically refers to employees engaged in manual, supervisory, technical, or clerical work in an industrial setup.
- Scope of Participation: The participation is to be in the “management”. This implies involvement in the decision-making processes of the undertaking, though the extent and nature of participation (e.g., at shop floor level, plant level, board level) are left to the State to define through its chosen methods.
- Applicability: The directive applies to “undertakings, establishments or other organisations engaged in any industry”. This phrase is broad and intended to cover a wide range of industrial activities, whether in the public or private sector.
The underlying rationale for this Article is to promote industrial peace, harmony, and efficiency by giving workers a voice in matters affecting their work life and the operation of the enterprise. It aligns with the broader goals of social justice and economic democracy envisaged in the Preamble and other parts of the Constitution.
Detailed Notes
- Inserted by the Constitution (Forty-second Amendment) Act, 1976.
- Part of the Directive Principles of State Policy (Part IV of the Constitution).
- It is a directive addressed to the ‘State’.
- Mandates the State to take positive steps to secure worker participation.
- Participation is sought in the ‘management’ of industrial units.
- The means for securing participation can be ‘suitable legislation’ or ‘in any other way’.
- Applies to ‘undertakings, establishments or other organisations engaged in any industry’.
- Reflects the principle of industrial democracy and social justice.
- Aims to promote industrial harmony, efficiency, and better management practices.
- Like other DPSPs, it is non-justiciable (cannot be enforced in courts) but is fundamental in the governance of the country.
Additional Comments
- Article 43A is a manifestation of the socialist pattern of society envisaged by the Constitution, promoting equitable distribution of opportunities and power within the industrial sector.
- Its implementation has seen various attempts through legislative measures and schemes, though a comprehensive central law exclusively on workers’ participation in management has not been fully enacted and implemented effectively across all sectors.
- Provisions for worker participation exist in various forms in different industries, sometimes through collective bargaining agreements, Works Committees (under Industrial Disputes Act, 1947), or representations on boards of public sector undertakings.
- The success of implementing Article 43A depends heavily on political will, the cooperation of employers and trade unions, and the specific mechanisms designed by the State.
- It complements other DPSPs like Article 43 (Living wage, etc., for workers) and Article 39 (principles of policy to be followed by the State for securing a just economic system).
Summary
Article 43A is a Directive Principle of State Policy, introduced by the 42nd Amendment Act, 1976, directing the State to take suitable steps, including legislation, to ensure the participation of workers in the management of industrial undertakings, establishments, and other organisations. This article aims to promote industrial democracy, social justice, and harmony by involving workers in the decision-making processes of the entities engaged in industry. As a DPSP, it guides the State in policy-making and governance towards achieving greater equity and cooperation in the industrial sector.