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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.