Labour is a Concurrent subject. Discuss how centralised welfare boards affect cooperative federalism in labour governance.
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Trade unions, social security and labour welfare fall under Entries 22–24 of the Concurrent List [1]. The Union and the States therefore share both lawmaking and delivery. The Code on Social Security, 2020 places the national boards for unorganised and gig-platform workers under Union control. This gives workers a uniform national floor of protection. But it weakens the Union–State partnership that the Concurrent List assumes.
How centralised boards strain cooperative federalism
- Union-led design: The Union Labour Minister chairs the National Social Security Board, and the Centre nominates its members [2]. States take part only when the Centre chooses to include them.
- Planners vs implementers: States handle much of the registration and delivery, yet the agenda for schemes is set in Delhi. States feel less ownership of these schemes, especially Opposition-ruled States.
- Advisory only: The board only recommends and monitors schemes [2]. It gives States no forum to negotiate priorities or how costs are shared.
- Costs pass to budgets: Aggregators pay 1–2% of turnover, capped at 5% of payouts to workers [2]. Any benefits beyond this must come from government budgets, including State budgets, without a joint decision.
How centralisation supports cooperative federalism
- Portability: Platforms and migrant workers move across State borders. Gig workers may grow from 7.7 million (2020–21) to 23.5 million by 2029–30 [4]. A national system avoids 28 separate State regimes.
- Two-tier structure: The Code also provides for State boards chaired by State Labour Ministers [3]. This mirrors the federal division of work.
- Pooled funding: The Code provides dedicated social security funds for unorganised, gig and platform workers [3]. These help States that cannot fund schemes on their own.
Way forward
- Give States rotating seats on the national boards, whichever party rules them.
- Link national and State boards through joint scheme design and agreed formulae for sharing costs.
- Include Central Trade Unions and platforms, following NITI Aayog's partnership model with platforms [4].
Centralised boards bring uniformity and portability, but they risk turning a shared subject into a Union-led one. Boards that work collaboratively, instead of issuing directions, would respect cooperative federalism. They would also move India closer to universal social protection under Article 41 and SDG 1.3.
Sources
- 1Ministry of Labour & Employment – Labour Jurisdictionlabour subjects in Concurrent List Entries 22–24
- 2The Code on Social Security, 2020 (India Code)Section 6: Union Labour Minister chairs the board, Centre nominates members, advisory functions; Section 114: aggregator contribution of 1–2% of turnover, capped at 5% of payouts
- 3PRS Legislative Research – Bill Summary: The Code on Social Security, 2020State boards headed by State Labour Ministers; social security funds for unorganised, gig and platform workers
- 4NITI Aayog – India's Booming Gig and Platform Economy, Policy Brief (2022)gig workforce of 7.7 million projected to reach 23.5 million; partnership model with platforms