Introduction

Economic rights consistently evolve in response to shifting socio-economic dynamics, influenced by factors like labour migration, budget constraints, liberalisation, and subsidy changes. Yet, ensuring these rights confronts significant hurdles arising from diverse court approaches and procedural complexities. National policy differences and administrative protocols across countries further impede effective economic rights protection. In the last decade, global recognition of economic rights has surged due to widespread advocacy, rectifying their historical oversight in policy and academia. This momentum stems from a heightened awareness of intricate global economic interconnections, giving rise to complex production and exchange networks. Technological advancements enable activists to collaborate efficiently in safeguarding individuals affected by the global economy’s workings. The failure of governments to equitably distribute benefits from globalized production intensifies the drive to protect economic rights. Nonetheless, these rights are often secondary in measurement due to disputes over classification, lacking the enforceability of civil and political rights. 

As such, this article seeks to understand the contours of economic rights and how they can be wielded to advance national economic interests. It also explores the evolving nature of economic rights in response to global socio-economic dynamics, highlighting their significance in securing fundamental necessities and the challenges they face in achieving universal recognition and enforcement. Lastly, the article analyses the Indian jurisprudence on economic rights under its several heads of right to work, right to favourable conditions of work and to form trade unions.

Components of Economic Rights

The right to an adequate standard of living stands as a fundamental pillar within the framework of economic rights. Esteemed economists have consistently characterized essential provisions such as food, clothing, and shelter as integral components of these economic rights. The second facet of defining economic rights pertains to the state’s obligation to foster an enabling environment wherein individuals can secure “decent work” without facing discrimination. In this vein, the state bears the responsibility of cultivating circumstances conducive to full employment and comprehensive oversight of the private sector. This progression leads to the third dimension of economic rights is the concept of basic income guarantees. Notably, the scope of this definition does not encompass a universal income guarantee extended to all citizens by the government. Instead, it focuses on targeted income assurances aimed at assisting vulnerable individuals who cannot meet their essential needs through their personal endeavours. Contrary to prevailing misconceptions, it is crucial to differentiate between the terms “economic development” and “economic rights.” This misinterpretation often results in a disregard for the intricacies of resource allocation and the intricate connections that exist among civil, political, economic, and social rights. Consequently, the imperative to understand the dynamics of duties and responsibilities comes to the forefront. Previously established notions highlighted that economic rights are fundamentally constructed upon the foundation of subsistence rights, thus underscoring the critical significance of fulfilling one’s basic needs in the pursuit of autonomy.

Interplay and Distinction with Economic Development

Certain nations have achieved comprehensive acknowledgement of property rights and even labour rights within their legal frameworks. In Finland, the interpretation of property rights extends to encompass intellectual property, as well as provisions for unemployment and welfare benefits, all enshrined in the Constitution. Denmark’s Constitution emphasises the imperative of providing employment opportunities to all able-bodied citizens, ensuring their livelihood. Similarly, Finland mandates that public authorities actively foster employment and strive to ensure universal access to work opportunities. Meanwhile, Norway places the responsibility squarely on the State to cultivate an environment where every capable individual can sustain themselves through work. The Italian Constitution stands as an exemplary model in its dedication to a democratic republic founded on labour. The Constitution assigns the republic the duty to eliminate economic and social barriers that hinder the freedom, equality, and comprehensive personal growth of citizens. This includes enabling all workers to participate fully in the nation’s political, economic, and social structures. Notably, the protection of property rights under the Italian Constitution is subject to considerations of social rights and interests. Furthermore, the Italian Republic guarantees the right to work for all citizens, actively promoting conditions conducive to realizing this right. It also upholds the principle that workers deserve compensation proportionate to the quantity and quality of their contributions. In essence, these nations have forged legal foundations that emphasize not only property rights but also robust labour protections, fostering an environment where the right to work and the fair treatment of workers are central tenets.

Economic Rights in the Indian Context

Traditionally, the exploration of economic rights has been intertwined with the concept of property. For example, the Indian Constitution’s legal provision known as the “Right to Property” has often been commended as a step toward economic liberalism. However, such an interpretation reveals significant gaps, as constitutions tend to reflect the values prevailing during their drafting. While acknowledging certain capitalist tendencies, the true essence is rooted in a movement toward more socialist principles. Notably, the Indian Constitution places great emphasis on the element of social justice, as underscored in both the Preamble and Article 38. To honour this spirit, it becomes imperative to address the tensions that arise between labour and property. Guided by the foundational suggestions of the International Covenant on Economic, Social and Cultural Rights, several critical aspects are central to resolving this issue:

Right to Work

The right to work fundamentally asserts the entitlement of every individual to the opportunity to earn a livelihood through work. While the exact phrase “right to work” might not be explicitly stated in the Indian Constitution, the essence of this principle can be inferred from Article 41 in Part IV (Directive Principles of State Policy). The Supreme Court, in the case of Olga Tellis vs. Bombay Municipal Corporation, broadened the interpretation of Article 21, acknowledging the intrinsic connection between the “right to work” and the “right to life.”

Right to Favourable Conditions of Work

This right encapsulates a range of factors necessary to ensure just and favourable working conditions, including equitable wages and remuneration for work of equal value without discrimination. It also addresses decent living standards for workers and their families, as well as safe and healthy work environments. Articles 41-43 within Part IV of the Indian Constitution capture the essence of this principle. The Supreme Court, in the case of Randhir Singh vs. Union of India, elevated the principle of “equal pay for equal work” to a constitutional goal under Articles 14, 16, and 39(c) of the Indian Constitution. The Court extended the scope of this principle to encompass casual workers on a daily wage basis. In Shantistar Builders vs. N.K. Totame, the Supreme Court recognized the necessity for suitable accommodations that foster the holistic growth of individuals – physically, mentally, and intellectually.

Right to Form Trade Unions

This right focuses on ensuring individuals’ freedom to form or join unions of their choice for the advancement and protection of their economic and social interests. It also underscores the unrestricted functioning (within legal boundaries) of unions, including the right to strike in accordance with the country’s laws. Article 19(1)(c) of the Indian Constitution explicitly guarantees all citizens the right “to form associations, or unions, or co-operative societies.” In the case of Kameshwar Prasad vs. State of Bihar, the Supreme Court clarified that the right to strike is not a fundamental right but rather a legal right.

Conclusion

In summary, economic rights are intrinsic human entitlements that secure individuals’ access to fundamental necessities such as food, shelter, healthcare, and education. The responsibility lies with governments to both safeguard and advance these economic rights, ensuring universal availability irrespective of economic standing. This entails the formulation of policies and initiatives that bolster social well-being, education, and healthcare, alongside cultivating an environment conducive to economic progress and advancement. Although there has been notable progress in advancing economic rights, a substantial amount of work remains to fully actualise them. Tackling issues such as poverty, inequality, and discrimination is pivotal to the advancement of economic rights and the enhancement of global well-being. Ultimately, economic rights play a pivotal role in constructing sustainable and just societies, where all individuals can engage in and reap the benefits of economic endeavours.

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Atulit Raj is a law student at Nirma University, Ahmedabad 

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Image Credits: Chandan Khanna/AFP