FULL THROTTLE ON LABOUR REFORMS:

The National Democratic Alliance Government has now merged 29 central Laws into four code, as it was named a historic step. However, it was historic step for a wrong reason. Since for the first time of post-Independence India, Labour Laws enacted by the Government through Trade Unions and experts has been dismantled in a way of structuring to the trends of Industries and diluting the workers basic rights. Three new Labour codes passed in Lok Sabha is, The Industrial Relation Code Bill,2020, code on Social Security Bill,2020 and The Occupational Safety, Health and Working Condition Code Bill,2020 as the Government seeks to Amalgamate 44 Central Labour Acts into four codes towards simplifying the Labours.

UNCONSTITUTIONALITY OF ORDINANCES BY STATE:

  The State Government is incompetent in promulgating an Ordinance out of its reach, which is ultra vires and unconstitutional for the following reasons,

1. State Government are not Competent to Promulgate such Ordinance in Absence of Delegated Power under Parent legislation:

There are almost 40 Central Laws and 200 State Laws Governing the Labour practise in India. the current  issues is, whether The State has the power to suspend Centre Labour Laws, as Labour Laws are part of concurrent list of Seventh Schedule. By the virtue of Article 162, Law making power of The Legislature is Co-Extensive with that of Executive and the Ordinance making is the legislative power of executive. Interpreting the scope of Article 73 and 162 of the constitution, Supreme Court in,

 A.P .Public Service Commission v. Baoji Badavath &ors,[i] held that with respect to the subject matters under List III, the executive function shall ordinarily remain with the States, subject to the provisions of the Constitution or of Parent Law of Parliament. Therefore, in the instant case suspended Labour Laws are Central Acts which has not Delegated any power to the State, hence there is lack of Legislative competency to Promulgate the same.

2. Such Ordinances is Repugnant and it's a Clear and Direct conflict with Centre Labour Legislation under list III:

Article 254(1) explains the provisions relating to Repugnancy, Laws made by Legislation of the State is Repugnant to any provisions of Law made by the Parliament, with respect to any of the matters enumerated in Concurrent list. As this is subjected to Exceptional provisions in clause (2) of this Article. If a State Law is made with respect to any of the matters contained in concurrent list is Repugnant to the provisions of the Law made by the Parliament or an existing Law with regard to that matter then the State Law if it has been reserved for the assent of the President and has received his assent shall prevail notwithstanding such Repugnancy.

 This Ordinance has not been promulgated or received any assent from the President yet. However, it's the case of suspension of Labour Laws for Temporary period. This provision to clause (2) can be override by a Subsequent Law passed by the Parliament. If such Law is made then the State Law would be void to the extent of Repugnant with Union Law .

CONCLUSION:

The Essence of Federalism lies in the sharing of Legal Sovereignty between Centre and State Government. Article 246 of the Constitution plays a dominant role in Demarcating the subjects between them. Suspension of Labour Laws are not found to be legal, rather there is high risk of misuse of powers. The Government or an Industry to take such actions which promotes the Healthy, Safety of the Worker Men during the period of employment and even after Retirement. The Right to life with Human Dignity encompass within its fold. But the present Labour bills are contravention to the Fundamental Rights enshrined in the Constitution. Apart from the Government point, as it enhances the Future industrial development.