Labour falls under the Concurrent List of the Constitution. Therefore, both Parliament and state legislatures can make laws regulating labour. The central government has stated that there are over 100 state and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security and wages.[1] The Second National Commission on Labour (2002) found existing legislation to be complex, with archaic provisions and inconsistent definitions.[2] To improve ease of compliance and ensure uniformity in labour laws, it recommended the consolidation of central labour laws into broader groups such as: (i) industrial relations, (ii) wages, (iii) social security, (iv) safety, and (v) welfare and working conditions.
3. SIR JOHN WILLIAM SALMOND
(3 December 1862 – 19
September 1924
Law as “the body of principles
recognized and applied by the
State in the administration of
justice.”
4. According to him, the object of law is justice.
Justice operates at two different levels:
1. Distributive Justice
2. Corrective Justice
Distributive Justice works to ensure a fair division of social benefits
and burdens among the members of a community.
Corrective Justice serves to secure a balance or equilibrium among
the members of society.
For example:- A wrongfully seizes B’ s property. At that point,
corrective justice will move in to correct the disequilibrium by
compelling A to restore the property to B.
5. Fair and equal dispensation of justice demands more than equality
between the parties to individual law suits. It requires that all be equal
before the law.
Legal rights which has should be given equal protection by the Courts.
Doctrine:- “Justice should not be done, but also seen to be
done.”
R v. Sussex, ex parte McCarthy [(1924) 1 KB 256] – is a leading
English case on the impartiality and recusal of judges.
It is famous for its precedence in establishing the principles that the
mere appearance of bias is sufficient over turn a judicial decision.
6. NEXUS OF LAW WITH MORALITY…
Study of law in consonance with morality is nothing but the Study of
Philosophical School of Law.
This School concerns chiefly with the relation of law to certain ideals
which law is meant to achieve.
Philosophical Jurists opined that law is neither the arbitrary
command of a ruler nor the creation of historical necessity.
Law is the product of human reason and its purpose is to elevate and
ennoble human personality.
7. The Philosophical School is interested primarily in the “development of
the idea of justice as an ethical and moral phenomenon and its
manifestation in the principles applied by the courts
Law is nothing but a strong common sense of human mind, whereas,
morality is nothing but strong conscience of a human soul.
Without morality, the whole concept of law is like a life without soul.
Without morality, a person can merely survive but cannot live his life
with dignity.
Morality establishes the sense of rationality in human mind which
ultimately helps him to decide what is right and what is wrong.
8. For example:- Killing someone is an offence and punishable under the
Code of Law. This law derives its sanctity from human rationality
because earlier much before of its codification, killing someone always
considered as a vice.
The relationship of vice and virtue has strong sanctity of the level of
rationality which establishes the strong sense of ethics and morality
behind codification which we call today as a law.
9. CONCLUSION…
Law is a system of rules and guidelines which are enforced through
social institutions to govern behavior, wherever possible.
It shapes politics, economics and society in numerous ways and serves
as a social mediator of relations between people.
Therefore, the main function of law is to achieve stability and peaceful
change in society. And in order to achieve such objective, law has a
strong nexus with the justice and morality.