CONSTITUTIONAL FOUNDATIONS OF ‘EQUAL PAY FOR EQUAL WORK’: EXAMINING ARTICLE 39(D) AS A DIRECTIVE PRINCIPLE OF STATE POLICY

AUTHOR – INIYAN.J, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – INIYAN.J, CONSTITUTIONAL FOUNDATIONS OF ‘EQUAL PAY FOR EQUAL WORK’: EXAMINING ARTICLE 39(D) AS A DIRECTIVE PRINCIPLE OF STATE POLICY, ILE MULTIDISCIPLINARY JOURNAL, 4 (1) OF 2025, PG. 867-876, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT:

                This research paper explores the constitutional foundations of the ‘equal pay for equal work’ principle in India by thoroughly examining Article 39(d) of the Constitution. Initially viewed as a non-enforceable Directive Principle of State Policy, Article 39(d) has experienced a notable legal transformation into an enforceable right through judicial interpretation. The research traces the historical roots of this principle from discussions in the Constituent Assembly and investigates how international labour standards played a role in its integration into the Indian Constitution. The study looks into the intricate relationship between Article 39(d) and fundamental rights, particularly Articles 14 and 16, emphasizing how the Supreme Court has created a “harmonious construction” approach to connect the traditional divide between justiciable and non-justiciable constitutional provisions. Landmark rulings such as Randhir Singh v. Union of India illustrate the Court’s creative method in elevating this directive principle to an actionable right based on constitutional equality guarantees. A critical evaluation of legislative responses to Article 39(d), primarily through the Equal Remuneration Act of 1976, aims to uncover discrepancies between constitutional ambitions and statutory enforcement. The study also conducts a comparative constitutional analysis to position India’s methodology against global standards for equal pay protection. In spite of notable judicial progress, this research highlights ongoing challenges in the practical enforcement of equal pay principles, including difficulties in enforcement stemming from the originally non-enforceable nature of directive principles, state pushback due to budgetary limitations, and judicial reluctance in economic policy issues. Current challenges discussed include applying the equal pay doctrine to new employment scenarios such as contract labour, temporary jobs, and the gig economy, where conventional protections frequently fall short. The paper concludes by suggesting remedial measures to fortify the constitutional basis for equal pay, which may include possible amendments, adaptive interpretations that respond to evolving economic conditions, and compliance with international commitments. This research enhances the understanding of how a constitutional aspiration has developed into a significant legal doctrine while recognizing the ongoing challenges in realizing wage equality in practice.

Key Words: Equal Pay for Equal Work, Economic Justice, Social Justice, Wage Discrimination, Labour Welfare.