The unfinished legislative task

Metro India News | Hyderabad 

From Right to Education to Right to Work: India’s Unfinished Constitutional Promise. Every year, millions of young Indians prepare for competitive examinations that are repeatedly delayed, cancelled or never announced, raising a question that is becoming increasingly difficult to ignore: should the right to work remain only an aspiration of the Constitution? While Parliament transformed education into a Fundamental Right through the 86th Constitutional Amendment in 2002 and the Right to Education Act, 2009, employment continues to remain under Article 41 as a Directive Principle, subject to the State's "economic capacity." Article 37 further makes it non-enforceable despite describing such principles as fundamental to governance.

The Supreme Court has repeatedly upheld this distinction. In Minerva Mills v. Union of India (1980), it ruled that Directive Principles and Fundamental Rights must remain balanced. Five years later, in Olga Tellis v. Bombay Municipal Corporation, the Court recognized livelihood as part of the Right to Life under Article 21 but stopped short of recognizing a right to employment, noting that courts cannot decide government recruitment or public spending.

Parliament nevertheless demonstrated through the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), enacted in 2005, that limited statutory employment guarantees are possible. The law assures 100 days of rural wage employment but neither guarantees permanent jobs nor extends similar protection to India's rapidly growing urban workforce.

Recent labour statistics underline the urgency. The Periodic Labour Force Survey placed youth unemployment among those aged 15-29 at 10.2 per cent in 2023-24, easing only to 9.9 per cent in 2025. Urban youth unemployment remains above 13 per cent, while urban female unemployment exceeds 20 per cent. CMIE data showed unemployment jumping from 7 per cent to 9.2 per cent within a month in 2024. Meanwhile, EPFO payroll additions slowed to around 1.29 crore during 2024-25 despite GDP growth nearing 6.5 per cent, highlighting concerns over jobless growth. Nearly three crore candidates now compete annually for about one lakh Central government vacancies.

Examination leaks have further eroded confidence. The NEET-UG leak in 2024 led to Supreme Court intervention and an expert panel, yet another leak forced cancellation of the 2026 examination after a leaked paper reportedly matched over 100 questions. Although the Public Examinations Act, 2024 prescribes stringent punishment for malpractice, it fixes no accountability for delayed recruitment. 

Several countries have adopted structured transition policies rather than constitutional job guarantees. The European Union's Youth Guarantee, Germany's apprenticeship model, the Netherlands' work-linked welfare system and South Korea's mixed experience all illustrate different approaches.

Rather than constitutionalizing employment, India could legislate a Recruitment Transparency and Timeliness law with mandatory recruitment calendars alongside a limited, means-tested urban employment guarantee, bringing accountability to the recruitment process much as the Right to Education did for schooling.

Manchala Kiran Kumar (Ph.D),

UGC NET-SRF Scholar, 

Department of Public Administration, 

Osmania University