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CHAPTER XXV.—LABOUR AND THE CONSTITUTION. 
We deal in this chapter with the wider questions of the relations 
between labour and the constitution, and their effect on the welfare of 
labour. 
Present Constitution. 
The present constitutional position, so far as it affects labour 
and omitting unimportant refinements, may be briefly summarised. The 
various subjects of administration are divided into two main categories, 
central and provincial. For the former, the Central Government and 
the Central Legislature are responsible, and provincial Governments can 
only deal with them by delegation of the authority of the Central Govern- 
ment. The subjects in the latter category are primarily or exclusively 
the concern of the provincial Governments and legislatures. -Some of the 
subjects which relate to labour, or include labour within their scope, are 
central and others are provincial. Thus matters relating to labour in 
mines, on the railways, in all the chief ports and on sea-going ships come 
within the category of central subjects. On the other hand, matters 
relating to labour in factories, in plantations, in public works and on inland 
steam vessels come under provincial subjects. So far as more general 
questions are concerned, inter-provincial migration is a central subject, 
but the settlement of labour disputes and the welfare of labour, which is 
defined as “including provident funds, industrial insurance (general, 
health and accident) and housing ”, are provincial subjects. The Central 
Legislature, however, can legislate in respect of practically all labour 
subjects, while the provincial legislatures can legislate only in respect 
of those labour subjects classified as provincial, and then only with the 
sanction of the Governor General. Further the provincial labour 
subjects are, generally speaking, ““ reserved ”, i.e., they are in the port- 
folios of Members and not Ministers in the provinces, and the Government 
of India have full powers of “ superintendence, direction and control ” 
over the provincial Governments in such matters. In respect of those 
provinces which have no legislative councils, e.g., Delhi and Ajmer- 
Merwara, the Central Legislature can legislate on all subjects and the 
Central Government has effective authority over administration. 
Output of Legislation. 
In practice, the result has been that labour legislation has been 
virtually confined to the Central Legislature. Since the introduction of 
the Montagu-Chelmsford Reforms it has passed a large number of mea- 
sures. These include the wholesale revision of the Factories Ach in 1922 
with subsequent further amending Acts, the Mines Act of 1923 with the 
amending Act relating to shifts in 1928, the Workmen's Compensation 
Act of 1923 and minor amending Acts after that date, an Act repealing 
the Workmen's Breach of Contract Act and provisions of a similar kind 
in the Penal Code, the Trade Unions Act of 1926 and a minor amending 
Act, and the Trade Disputes Act of 1929. We have reviewed the items 
of this imposing list in preceding chapters and merely note that nearly 
the whole of the present labour code of India dates from 1922 or later.