“Salary isn’t charity or a favor, it’s a fundamental right that upholds dignity, respect, and the value of labor in society”
The Constitution of India, often hailed as a visionary document, enshrines a multitude of fundamental rights that guarantee citizens their essential liberties. Among these, the right to timely salary stands as a crucial and often overlooked pillar, ensuring financial security and dignity for the nation’s workforce. Embedded in the fabric of Article 21, which guarantees the right to life and personal liberty, the right to timely salary finds its roots in the principle that economic stability is inherently tied to human dignity.
The Constitution, in its wisdom, recognizes that timely payment of wages is not merely a contractual obligation between an employer and an employee (Government or Private), but a matter of fundamental rights. In a country where a significant portion of the population relies on salaried employment for sustenance, the importance of this provision cannot be overstated. The State’s role in ensuring this right is underscored by the Directive Principles of State Policy, which direct the government to work towards securing citizens’ economic welfare, mitigating social inequalities, and promoting equal pay for equal work.
The fundamental tenets of a just and equitable society are often enshrined in a nation’s constitution, serving as the bedrock upon which the rights and responsibilities of its citizens are established. In the case of India, the Constitution stands as a bulwark against the potential infringement of basic rights, including the right to timely salary. This right, though not explicitly mentioned in the Constitution, is deeply rooted in the broader framework of fundamental rights that guarantee the dignity and livelihood of every citizen.
One of the most pressing examples highlighting the significance of the right to timely salary is the ongoing agitation led by the All Nagaland Electricity Field Workers Association (ANEFWA) over the non-payment of salaries. This situation underscores the importance of upholding this constitutional right, as the timely receipt of wages directly affects the livelihood, well-being, and dignity of workers. The ANEFWA’s struggle sheds light on the critical role that the government plays in ensuring that individuals receive their rightful earnings within a stipulated time frame.
The Constitution of India, while not explicitly articulating the right to timely salary, encapsulates its essence through various provisions. Article 21, often hailed as the cornerstone of fundamental rights, guarantees the right to life and personal liberty. This extends beyond mere physical survival, encompassing the right to a dignified life that includes access to basic necessities, one of which is a regular income to sustain oneself and their dependents. Therefore, any action or inaction by the government that leads to the withholding of salaries unjustly infringes upon this constitutional guarantee.
The sanctity of the right to timely salary is further fortified by Article 23, which prohibits forced labor in all its forms. Non-payment or delayed payment of wages is tantamount to a form of economic coercion, depriving workers of their rightful earnings and coercing them to continue working under unfavorable conditions. In this context, the ANEFWA’s agitation can be seen as an assertion against exploitative practices that contravene the spirit of Article 23, as the workers demand their salaries as a matter of right and not charity.
It is crucial to recognize that the government, as the custodian of the Constitution, has an obligation to safeguard the rights of its citizens, including the right to timely salary. A government’s failure to disburse salaries on time not only disregards the labor and dedication of its workforce but also erodes trust in the democratic institution. The ANEFWA’s protest, therefore, serves as a reminder that the government’s commitment to upholding the principles of justice and equity must extend to ensuring that workers are compensated fairly and promptly.
The right to timely salary transcends individual cases and holds broader implications for the overall socio-economic fabric of the nation. A workforce that is confident in receiving their wages on time is more likely to contribute positively to the economy, thereby fostering a cycle of growth and development. Conversely, persistent delays or non-payment of salaries can lead to disillusionment, hampering productivity and potentially triggering social unrest, as seen in the ANEFWA’s agitation.
It is important to note that In India, the timely payment of salary is not just a matter of economic transaction but a fundamental right that underpins the dignity and well-being of every worker. Regardless of whether it’s a private enterprise or a government authority, no entity possesses the right to arbitrarily stop or delay the disbursement of salaries or deduct the salaries in arbitrary manner violating the settled principles and provisions of various statutes. Such actions not only violate the sanctity of the employment contract but also contravene the principles of fairness and justice enshrined in the Constitution of India. The right to receive one’s earnings on time is a vital element of an individual’s right to a dignified life, and any infringement upon this right must be viewed as a grave injustice that requires redress. This fundamental principle not only upholds the spirit of the nation’s democratic values but also contributes to a more equitable and harmonious society.
As an integral part of the society, I observe, todays’ Nagaland is a land of awakening people. People who are educated and aware about their own rights. Todays’ Naga workforce-who are great contributors to the state economy and the nation’s prosperity knows very well that they can neither be taken for a ride nor fooled by their employers. ANEFWA’s stand for Constitutional Justice proves that our Naga people know how to stand for their rights and their readiness to plead in High Court (under Art. 226 of the Constitution of India) and Supreme Court(under Art. 32 of the Constitution of India) as and when they witness gross, naked violation of their guaranteed Constitutional and Legal rights.
The right to timely salary may not be explicitly enumerated within the Constitution of India, but its essence is undeniably embedded within the overarching framework of fundamental rights. The ongoing struggle of the ANEFWA exemplifies the consequences that can arise when this constitutional right is disregarded. It serves as a clarion call for governments across the nation to recognize and respect the importance of upholding the dignity and livelihood of workers by ensuring that salaries are disbursed promptly and justly. Only through such recognition and action can the ideals enshrined in the Constitution be upheld and the foundational principles of justice, equity, and democracy truly be realized.
Dr. Aniruddha Babar,
Dept of Political Science,
Tetso College, Nagaland