Equal pay for equal work
Also called: Article 39(d) · Topic: Directive Principles and Fundamental Duties · NCERT: Class 11, Ch 4 "Social Justice"; Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
Article 39(d) is a Directive Principle. It asks for equal pay for equal work for both men and women. It is a socialistic directive, aimed at economic justice. Parliament gave it effect through the Equal Remuneration Act 1976, which is now part of the Code on Wages 2019. The directive itself cannot be enforced in court. However, courts enforce the idea through Art. 14 (equality before law).
Example
In Randhir Singh (1982), the Supreme Court applied equal pay for equal work through Arts. 14 and 39(d). In Jagjit Singh (2016), it extended the principle to temporary workers doing the same work as regular staff.
Don't confuse with
- Living wage (Art. 43): this concerns the level of pay, meaning enough for a decent life. Equal pay is about fairness between workers doing the same job.
Related concepts
- Socialistic principles
- Social order based on justice
- Equitable distribution of material resources
- Adequate means of livelihood
- Protection against economic exploitation
- Right to work, education and public assistance
- Living wage
- Workers' participation in management