Question

Equal pay for Equal work -can be enforced through

• A. Art.39
• B. Art.14 and 16
• C. Art.32
• D. Art.309

Hint:

Remember this judicial innovation: The Supreme Court built a bridge between the non-enforceable Directive Principle (Art. 39(d)) and the enforceable Fundamental Rights (Arts. 14 and 16) to make the ideal of 'equal pay for equal work' a reality.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The principle of "Equal pay for equal work" is a key doctrine in service jurisprudence. While it is not explicitly stated as a Fundamental Right in the Constitution of India, the Supreme Court has elevated it to the status of a constitutional goal and made it enforceable through the interpretation of other fundamental rights.
Step 2: Detailed Explanation:
\begin{itemize} \item Article 39(d): This article, part of the Directive Principles of State Policy (DPSP), directs the State to secure that there is equal pay for equal work for both men and women. However, DPSPs (Part IV of the Constitution) are not directly enforceable in a court of law (as per Article 37). \item Article 14 and 16: \begin{itemize} \item Article 14 guarantees equality before the law and equal protection of the laws. \item Article 16 guarantees equality of opportunity in matters of public employment. \end{itemize} The Supreme Court, in a series of landmark judgments starting with \textit{Randhir Singh v. Union of India}, held that the principle of "Equal pay for equal work" is not an abstract doctrine but a constitutional goal. The Court ruled that although it is part of the DPSP, it can be read into the Fundamental Rights under Articles 14 and 16. Denying equal pay for equal work amounts to arbitrary action and discrimination, thus violating Articles 14 and 16. \item Article 32: This is a remedial right, guaranteeing the right to move the Supreme Court for the enforcement of Fundamental Rights. It is the mechanism of enforcement, not the source of the right itself in this context. \item Article 309: This article empowers the government to make rules regulating the recruitment and conditions of service of persons appointed to public services. \end{itemize} Therefore, the principle is enforced by the courts by reading the goal of Article 39(d) into the enforceable rights of equality under Articles 14 and 16.
Step 3: Final Answer:
The principle of Equal pay for Equal work can be enforced through Art.14 and 16.