With a regional focus on Kolkata and North 24 Parganas, two industrially varied regions of West Bengal, the paper examines the constitutional protection of workers' rights in India from a socio-legal and psychological perspective. This study, which is based on the constitutional principles of justice, equality, and worker dignity, critically analyzes how the post-2020 labour law reforms, specifically, the four unified labour codes affect workers' psychological and legal well-being. It explores the changing connection between law and mind, showing how increased anxiety, decreased agency, and a loss of faith in institutional justice are all associated with the deterioration of collective bargaining rights, contractual instability, and the informalization of labour.The study shows that workers' rights go beyond statutory entitlements to include the psychological and emotional guarantee of fairness, recognition, and stability by fusing constitutional jurisprudence, and case law analysis, particularly the idea of the psychological contract. Systemic gaps in enforcement, awareness, and psychological support still exist despite constitutional and judicial commitments to humane working conditions and livelihood stability, according to empirical evidence from Kolkata and North 24 Parganas.
Workers' rights are framed by India's constitutional enterprise as fundamental representations of social justice, equality, and human dignity rather than only as legal rights. Articles 14, 21, 23, 24, 39, 41, and 43A of the Indian Constitution ensure livelihood and decent working circumstances, which situate labour law reform within a socio-legal framework aimed at safeguarding workers' psychological and legal well-being. This dual motivation is shown in the recent comprehensive changes implemented in India through the four Labour Codes (Wages, Industrial Relations, Social Security, Occupational Safety, Health & Working Conditions): improving worker protection and streamlining outdated laws for corporate convenience. But according to empirical and doctrinal commentary, the reform process is characterized by uneven implementation, the continued informality of labour markets, and the possibility that the constitutional promise will be undermined by marginalization, job insecurity, and inadequate grievance redressal (Varnekar & Chutia, 2024; Rawal & Shukla, 2025).
Job security, perceived fairness, and an inclusive workplace culture are crucial for employee wellbeing, according to psychological research conducted in Indian workplaces. Long workdays, precarious employment, and a lack of trust in institutions lead to increased stress and poorer work performance (British Safety Council India, 2023; Indian Journal of Psychiatry, 2024). In some geographical contexts, such as the metropolitan and peri-urban districts of Kolkata and North 24 Parganas, the interaction between constitutional protections, labour law reform, and the lived psychological reality of workers is still not sufficiently examined. To determine if the constitutional protection of workers' rights is being reflected in both legal efficacy and subjective welfare, this article conducts a socio-legal and psychological analysis of the results of labour reform in various West Bengal districts. In a welfare-state democracy undergoing transition, the goal is to close the gap between workers' mental and emotional security and their formal legal rights.
Objectives of the Study:
Research Gap
Despite a substantial body of literature examining labour welfare, industrial relations, and constitutional guarantees, there exists a notable vacuum in the interdisciplinary understanding of how constitutional labour protections translate into psychological wellbeing and perceived justice among workers at the local level.
Most prior studies in India has focused on:
However, very few combine socio-legal field data with psychological analysis to explore how workers perceive, internalise, and respond to labour law changes that affect their sense of dignity, job security, and institutional trust.
Furthermore, there is limited region-specific research on Kolkata and North 24 Parganas, which possess a unique industrial composition, blending formal manufacturing, informal labour markets, and declining trade union culture. These districts reflect a microcosm of post-liberalisation India, yet remain underexplored in socio-legal literature.
The Indian Constitution safeguards workers’ rights through its two main components: the Fundamental Rights and the Directive Principles of State Policy (DPSPs). This establishes a structure that includes both enforceable rights and goals for socio-economic justice. This framework is fundamentally about ensuring the dignity of work, mental security, and the economic welfare of all citizens (Sharma, 2024).
Article 14 ensures equality before the law and equal protection under the law, serving as the constitutional basis to combat workplace discrimination and unjust termination (Bhatia, 2023). Article 19(1)(c) grants the right to form associations or unions, allowing workers to organize, engage in collective bargaining, and protect their economic interests, which are vital for the democratic operation of labour relations (Singh, 2023). Article 21, which ensures the right to life and personal liberty, has been broadly interpreted to encompass the right to livelihood, fair working conditions, and occupational dignity (Pathak, 2024). Articles 23 and 24 enhance this framework by banning forced labour, trafficking, and child employment in dangerous industries, thereby reinforcing the ethical basis of labour law (Mishra, 2023).
The Directive Principles of State Policy (Part IV) enhance these rights by incorporating wider welfare obligations. Article 38 requires the State to foster a social order rooted in justice: social, economic, and political, aiming to diminish inequalities among citizens. Articles 39(a) and (d) focus on ensuring sufficient means of livelihood and guaranteeing equal pay for equal work, both of which enhance the material and psychological well-being of workers (Choudhury, 2025). Articles 41 to 43A outline the right to work, ensuring just and humane working conditions, a living wage, and the involvement of workers in industrial management (Gupta, 2024). The addition of Article 43A through the 42nd Constitutional Amendment in 1976 marks a significant change towards industrial democracy, seeing workers as stakeholders instead of just employees (Deshmukh, 2024).
The Supreme Court of India has consistently interpreted these provisions broadly and with a focus on human values. In the case of Olga Tellis v. Bombay Municipal Corporation (1985), the Court determined that the right to livelihood is encompassed within the right to life as stated in Article 21. The Court reasoned that a life without the means to earn a living lacks significance (Awasthi, 2023). The principle was further elabourated in Bandhua Mukti Morcha v. Union of India (1984), where the Court emphasized that the right to live with dignity includes just and humane working conditions, fair wages, and safeguarding the health and strength of workers. The Court explicitly referenced Articles 39(e) and (f), 41, and 42, connecting the moral authority of the DPSPs with the enforceability of fundamental rights (Jain, 2024).
The judicial acknowledgment of these socio-economic rights carries significant psychological effects. Workers gain both material security and psychological assurance from the State's dedication to dignity, equality, and fairness (Choudhury, 2025). The acknowledgment of labour dignity as part of constitutional morality, as emphasized in Bandhua Mukti Morcha, signifies a shift from conventional industrial regulation to a more human-centered approach in labour law. The intersection of law and psychology emphasizes that the well-being of employees is closely linked to their mental and emotional health in the work environment.
The constitutional provisions and judicial interpretations collectively create a cohesive framework for labour justice in India. They strive to safeguard workers' economic interests while fostering a psychologically safe and engaging industrial atmosphere, aligning with the Preamble's commitment to justice, equality, and dignity for every citizen.
LABOUR LAW REFORMS AND THEIR LEGAL & PSYCHOLOGICAL IMPLICATIONS ON WORKERS’ RIGHTS
Indian labour law was overhauled by the Four Labour Codes between 2019 and 2020, the most thorough consolidation of labour legislation in independent India. The Codes on Wages, Industrial Relations, Social Security, and Occupational Safety, Health, and Working Conditions consolidate 29 major labour legislation into four frameworks to simplify and harmonize. Ministry of Labour and Employment goals include "ease of doing business," regulatory fragmentation reduction, and compliance improvement through digitization (MoLE, 2020). The Codes assume consolidation and labour market flexibility will boost efficiency, formalization, and equity.
The Code on Wages, 2019 combines minimum wage, bonus, and fair pay rules. Creating a universal pay floor across industries expands legislative coverage (Saini, 2021). The 2020 Industrial Relations Code is the most contentious. It amends trade union, strike, layoff, and retrenchment rules to prohibit companies with up to 300 employees from receiving prior government approval for layoffs, up from 100. Critics say this change weakens collective bargaining and job security (Shyam Sundar, 2021). The Code on Social Security, 2020 consolidates multiple social security regulations and broadens “employee” to include gig and platform workers without imposing employer liability, raising questions about the protection provided. The Occupational Safety, Health, and Working Conditions Code, 2020 consolidates 13 health, safety, and working conditions laws and raises the threshold for specific welfare provisions, raising concerns about the exclusion of smaller establishments (Mehrotra, 2021).
Despite reasoning, some analysts say innovations weaken safeguards. The Industrial Relations Code's tight strike provisions, which require 14-day strike notices and ban strikes in key services, might weaken collective bargaining frameworks. These restrictions use Article 19(1)(c) of the Constitution, which protects group and union formation. The Supreme Court has often said that unionism is fundamental to industrial democracy (All India Bank Employees' Assn. v. National Industrial Tribunal, 1962), yet Art. 19(1)(c) does not grant the right to strike. Therefore, excessive proceduralism may impair legally recognized associational autonomy.
The shift to risk-based and web-based inspections raises Article 14 constitutional concerns regarding arbitrariness and unequal protection. Researchers note that online, randomized inspections may favour capital-intensive firms, underregulating informal sectors (Sankaran, 2020). Article 14's idea of arbitrariness requires classifications to be consistent to the intended goal, yet exclusion of establishments below particular standards doesn't explain workers' wellbeing.
Article 21, which Indian law has broadly interpreted to include the right to livelihood, humane working conditions, and dignity, is threatened by the Codes' inadequate substantive protection for informal, gig, and platform workers. Despite its recognition, the gig worker Social Security Code does not provide enforceable rights against employers and relies on discretionary government initiatives. Reducing constitutional rights to policy benevolence endangers them.
The central jurisprudential question is whether the Codes' simplicity meets Articles 38-43A's welfare state requirement. These articles require social order, economic fairness, livable wages, and worker engagement forever. Minimalist social security and employer-centric flexibility challenge this normative paradigm. Scholars argue that welfare cannot be sacrificed for efficiency without violating the constitutional duty to social justice (Sankaran & Routh, 2021).
After the Supreme Court's turn toward rights-based labour jurisprudence (GlaxoSmithKline Pharmaceuticals Ltd. v. Presiding Officer, 2021), constitutional courts are anticipated to evaluate these reforms with substantive equality and proportionality in mind. Courts may consider whether establishment size, contract worker rights, and unionization procedures violate the Constitution's equitable ideals. The Codes represent a major change in India's labour regulation, but their constitutionality depends on judicial review and the State's commitment to labour rights as expressions of dignity, equality, and justice.
Recent reforms in India's labour laws, especially the merging of 29 legislations into four Labour Codes, have sparked considerable discussion about their impact on workers' rights. The reforms are designed to simplify compliance, enhance labour market flexibility, and facilitate business operations. However, the psychological impact on workers is also a vital consideration. Scholars contend that greater employer discretion regarding working hours, retrenchment thresholds, and fixed-term employment heightens job precarity. This precarity is closely linked to increased anxiety, diminished self-esteem, and chronic stress among workers (Sen, 2021).
The Industrial Relations Code's erosion of collective bargaining frameworks, particularly the limitations on strikes and increased requirements for union recognition, can undermine workers' sense of empowerment by reducing their perceived agency and voice in the workplace. Research in psychology has repeatedly demonstrated that a lack of control in the workplace leads to learned helplessness, burnout, and reduced motivation (Kohli, 2022). The rise of fixed-term and gig-based jobs heightens feelings of insecurity, isolation, and alienation in the workplace.
In areas such as Kolkata and North 24 Parganas, where informal work is prevalent, reforms aimed at increasing labour flexibility could worsen mental health issues for low-income workers. Labour reforms should be assessed not just for their legal consistency but also for their impact on the psychosocial aspects that influence worker dignity, well-being, and long-term productivity.
The labour landscape of Kolkata and North 24 Parganas exemplifies a very intricate socio-legal environment in eastern India, influenced by urban informality, industrial decline, and enduring discrepancies between constitutional assurances and quotidian labour conditions. The diversity of both districts, one serving as an urban service center and the other as an industrial zone, forms a microcosm for the proper evaluation of modern labour reforms.
Kolkata, marked by intense urbanization and a service-driven economy, has experienced a structural transition from conventional sectors to platform-based and informal service employment. Data from the PLFS 2022–23 indicates that around 68% of Kolkata's employment is informal, predominantly engaged in areas like as gig-based delivery services, domestic labour, transportation, micro-retail, and construction. The emergence of digital labour intermediaries has further fractured work interactions, weakening firm employer-employee connections and complicated the enforcement of rights.
Conversely, North 24 Parganas maintains an extensive industrial corridor that spans Barrackpore, Kamarhati, Titagarh, and Baranagar, traditionally characterized by jute mills, engineering enterprises, dyeing factories, and medium-scale manufacturing. Labour Bureau surveys reveal that more than 54% of industrial workers in this region are engaged under contract or piece-rate arrangements, illustrating the intensified casualization of labour subsequent to the industrial restructuring post-2015. Jute mills employ tens of thousands of people, many of whom lack access to adequate social security systems.
The below data shows the contrast between lived statutory realities & law in place:
|
Indicator (2022–23) |
Kolkata |
North 24 Parganas |
|
Informal workforce share |
68% (PLFS) |
72% (Labour Bureau) |
|
Gig/platform workers (estimated) |
85,000–95,000 |
30,000–40,000 |
|
Contract labour in industrial units |
42% |
54% |
|
Effective trade union coverage |
18% |
27% |
|
Reported minimum wage violations (annual) |
High in domestic, retail, gig work |
High in jute and small factories |
|
Average inspection frequency per establishment |
0.4 per year |
0.6 per year |
Sources: PLFS 2021-22 and PLFS 2022-23, NITI Aayog, “India’s Booming Gig and Platform Economy,” 2022, & West Bengal Labour Department Annual Reports
These indicative figures reveal a structural pattern of informalisation, contractualisation, and weakened enforcement, conditions that sharply contrast with constitutional expectations of equality, dignified work, and social justice.
The socio-legal landscape of Kolkata and North 24 Parganas highlights a growing disparity between the constitutional ideals and the realities faced by individuals. Articles 14, 21, and 38 outline a labour framework based on dignity, equality, and justice focused on welfare. Rising informality, weakened enforcement, and diminished collective power highlight a constitutional paradox: workers in these districts find themselves caught between constitutional aspirations and regulatory retreat. These districts serve as an essential location for examining if labour reforms in India can genuinely support the social-justice principles outlined in the Constitution’s transformative vision.
Judicial and policy developments in the post-reform period reveal an essential constitutional dialectic between the imperatives of economic liberalisation and the enduring commitment to labour protection. Indian courts have consistently reaffirmed that labour rights are not merely derivatives of statutory benevolence but flow from the deeper constitutional architecture of dignity, equality, and social justice.
A pivotal articulation of this doctrine appears in PWD v. State of Karnataka (2007), where the Supreme Court held that the right to dignity in employment is inseparable from Article 21, and that state authorities bear an affirmative obligation to create non-discriminatory working environments. By emphasising equality of opportunity and substantive inclusion for vulnerable categories, the Court underscored that labour reforms cannot erode the foundational constitutional promise of human dignity (Sharma, 2019). This judicial position acquires renewed significance in the context of labour codes that attenuate inspection mechanisms and expand employer discretion.
Similarly, in Glaxo Smithkline Pharmaceuticals Ltd. v. Presiding Officer (2021), the Supreme Court reiterated that termination and disciplinary proceedings must adhere to due process, procedural fairness, and reasoned decision-making. The Court reaffirmed the centrality of natural justice, anchoring labour jurisprudence in Article 14’s guarantee against arbitrariness. By insisting that managerial prerogatives remain subject to constitutional discipline, the judgment restricts the extent to which the simplification and “flexibility” embedded in the new Codes may be invoked to justify procedural dilution (Menon, 2022).
The judiciary has also recognised collective bargaining as an essential component of industrial democracy. In Transport and Dock Workers’ Union v. Mumbai Port Trust, the Supreme Court emphasised that unionisation embodies workers’ collective voice and is protected under Article 19(1)(c). The Court clarified that restrictions on union activities must pass the test of reasonableness and may not be justified merely by administrative convenience or productivity concerns (Ray, 2020). This doctrine is directly relevant to the Industrial Relations Code’s enhanced thresholds for union recognition and stringent strike regulations.
Policy developments in West Bengal reveal both innovation and contradiction. The state has historically maintained stronger labour protections compared to several other regions, with district-level Labour Commissionerates in Kolkata and North 24 Parganas implementing targeted schemes for unorganised labour, welfare board registrations, and dispute resolution. However, enforcement capacity remains uneven, hampered by inadequate staffing, limited inspection frequency, and resource constraints (Ghosh, 2022). Although West Bengal has not fully operationalised the new Labour Codes due to pending state rules, administrative liminality has created regulatory ambiguities that disproportionately affect informal workers.
A significant policy trend is the increasing reliance on digital compliance mechanisms, such as the Shram Suvidha Portal and state-level e-labour platforms. While these systems streamline employer filings and offer transparency, they often presuppose digital literacy, documentation, and formal registration—requirements that systematically exclude informal, migrant, and home-based workers. This technological shift risks generating what scholars call “digital constitutionalism gaps,” wherein constitutional protections fail to translate into digital governance systems (Banerjee, 2021).
The critical question thus arises: Can judicial review recalibrate the labour reforms to reflect constitutional morality? Indian courts have historically expanded constitutional protections through doctrines of substantive equality, legitimate expectation, and proportionality. Judicial review retains the potential to scrutinise whether classifications introduced under the Codes unjustifiably narrow worker coverage, whether restrictions on strikes violate associational freedom, and whether reduced inspection regimes compromise the State’s positive welfare duties under Articles 38 and 43A. In doing so, the judiciary may redefine the boundaries of permissible labour flexibility, ensuring that economic rationalisation does not eclipse constitutional commitments.
Hence, the constitutional future of India’s labour regime will depend on the synergistic functioning of judicial vigilance, administrative robustness, and policy sensitivity to structural vulnerabilities. Judicial review thus stands as a critical forum through which labour reforms may be reconciled with the moral and normative commitments of the Constitution.
FINDINGS AND ANALYSIS
The key findings from the above data collected are:
SUGGESTIVE MEASURES
The following measures can be adopted to ensure that reforms are actually put in place & it helps to realize the vision & mission of the statutes:
There is a significant gap between the constitutional guarantees and the actual situation in the socio-legal context of workers' rights in North 24 Parganas and Kolkata. Modern labour market changes, caused by informalization, technological upheaval, and regulatory watering down, have undermined the protections meant to keep workers secure, despite the fact that these principles are enshrined in the Indian Constitution as fundamental standards. Despite judicial interventions that uphold labour rights as fundamental to constitutional morality, these normative victories are consistently undermined by structural constraints such as insecure employment, weak enforcement, and dwindling collective bargaining power.
Workers' mental health suffers as a result of job insecurity in this context. More and more, workers are navigating an environment characterized by insecurity, less autonomy, and increased susceptibility; these factors have negative effects on workers' self-esteem, mental health, and ability to cope with stress. Aside from breaking the social fabric of work, the erosion of conventional labour safeguards has resulted in legal deprivation as well as severe emotional and cognitive strain. According to psychological research, people's rights only matter when they feel safe and capable enough to really exercise them.
In order to go beyond mere procedural compliance, a rights-based labour regime has to take a more comprehensive, multidisciplinary approach that integrates legal safeguards with psychological safety. To bring labour reforms in line with constitutional norms, we must have vigilant judges, stronger enforcement, participatory government, protections for mental health, and more. Real social change in North 24 Parganas, Kolkata, and India at large can only come about when people realise that workers have a right to be treated with respect in the workplace and that this is also an emotional and psychological need. In a changing economic order, the liberatory function of labour legislation can only be restored by reconciling these two opposing forces.