The BJP floundered in the 2024 Lok Sabha election. The floundering continued on the floor of both Houses where Members of Parliament from the INDIA parties delivered multiple speeches that were well-structured, well-executed, and rich in content. A recurring theme in many of these powerful interventions on the Budget was a 12-letter word giving Modi and his coalition sleepless Delhi nights: unemployment.
Article 41 of the Constitution states, “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.”
Employment And Food Insecurity
Many MPs in the Opposition quoted CMIE data about the employment rate – which is the ‘proportion of employed persons in the working age population’ – recorded at 37% in June 2024. The Global Hunger Index 2023 was often referred to last week in Parliament – India ranked 111th out of 125 countries. Despite improvements in food production and distribution, food insecurity persists, particularly in marginalised communities.
Impact On Personal Freedoms
A citizen cannot truly enjoy any liberty when perpetually anxious about her family’s unmet needs. This becomes even more important when the Budget skirts around the issues of health, nutrition, social security, and education. It is difficult to think about personal liberties on an empty stomach.
MGNREGA
MGNREGA addresses the issue of Right to Work. However, it ensures it as a statutory right, instead of being a Fundamental Right. The latter cannot be taken away by an amendment of the MGNREGA Act. It bears repetition that states have been constantly deprived of MGNREGA funds. The Union owes the West Bengal government alone Rs 7,000 Crores for the scheme.
In a labour-surplus society, why then is the Union government often selling the family silver to private entities? Two dozen large Public Sector Undertakings (PSUs) have been privatised. This is not the solution. Should it not be the duty of the state to offer the labour force multiple opportunities for employment? There are 30 lakh vacancies in the Union government and government-controlled organisations. What is the road map and timelines for these vacancies to be filled? Parliament is in session. The government must provide answers.
Education And Skill Development
The Union has an obligation to provide quality education and skill development to improve employability, and guarantee livelihood. But Budget 2024 has allocated only Rs 1.20 lakh crore to education, which is a 2% decline from Actuals (Rs 1.23 lakh crores) in 2023-24.
Right To Livelihood As A Fundamental Right
Through judicial interpretation, the Right to Livelihood has been read into the Right to Life, even though it is not explicitly listed among the Fundamental Rights in Part III of the Constitution. The Supreme Court emphasised, “An equally important facet of the right to life is the right to livelihood because no person can live without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as a part of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation. Such deprivation would not only strip life of its effective content and meaningfulness but also make life impossible to live.”
The Right to Work, outlined in the directive principles, has been interpreted alongside the Rights to Livelihood and Life, evolving into a Fundamental Right through judicial pronouncements. Integrating the Right to Work into Fundamental Rights, and ensuring that policies are designed to create sustainable job opportunities, is paramount to ensuring employment. Even after a tepid performance in the elections, where they were punished by young people, this government refuses to prioritise investment in education and vocational training.
Only talk about cooperative federalism will not do. States politically opposed to the ruling dispensation are deprived on flimsy grounds for years of their MGNREGA funds. These are funds due to people who have completed their work, and have still not been paid.
Additionally, fostering a more inclusive job market by supporting small businesses and encouraging entrepreneurship can play a critical role in generating employment. By taking these steps, India can better align its economic policies with its constitutional commitments and provide more meaningful support to its citizens.
The Right to Work still requires the state to take responsibility, and appropriate legislative actions, to fully provide citizens with the Right to Life, Livelihood, and Dignity.
Research Credit: Chahat Mangtani
(Derek O’Brien, MP, leads the Trinamool Congress in the Rajya Sabha)
Disclaimer: These are the personal opinions of the author
