Abstract:

The doctrine of Equal Pay for Equal Work has an important role in the Indian Constitution but it is not in the same form as it has been since the inception of the Constitution. It is a Directive Principle of State Policy which was part of the Constitution and was originally meant to be a guiding goal and not a legally binding obligation. However, the Supreme Court of India, over the years, has broadened the ambit of Articles 14 and 16, and introduced this concept as part of the constitutional equality of all citizens, thus giving it a judicial recognition. In this paper the author discusses the constitutional evolution of the equal pay doctrine, starting from its basic incorporation in the Directive Principles and how it has been developed as a constitutional obligation by judicial interpretation. It also examines the legislative framework of wage equality and considers some of the main doctrinal issues such as how to define comparable work, what are the legitimate bases for wage differentiation and the problems of implementation involving a growing trend of contractual and informal employment. Furthermore, the paper takes into account the international aspects of wage equality by examining how India's commitments under the International Labour Organization (ILO) conventions and the Convention on the Elimination of All Forms of Discrimination against Women have affected wage equality. While there has been significant judicial development, it asserts that the principle is yet to be implemented effectively because of lack of legislative backing, lack of robust enforcement measures and lack of robust wage transparency framework. The study ends by calling for ongoing judicial involvement, but also extensive legislative and administrative changes, in order to achieve a real pay equality.

Keywords:

Equal Pay, Directive Principles, Fundamental Rights, Constitutional Enforcement, Wage Discrimination.

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