Report of the Royal Commission on Labour in India

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Monograph

Identifikator:: 1850495947

URN:: urn:nbn:de:zbw-retromon-233603

Document type:: Monograph

Title:: Report of the Royal Commission on Labour in India

Place of publication:: London

Publisher:: His Majesty's Stationery Off.

Year of publication:: 1931

Scope:: xviii, 580 S.; graph. Darst., Kt.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXV. - Labour and the constitution

Collection:: Economics Books

LABOUR AND THE CONSTITUTION. 459 standards in different provinces, and the advantages to be gained from sloser contact with local conditions do not outweigh the grave disad- vantages which the: loss of central machinery would bring. Burma, as we have already recognised, presents peculiar problems and, while we are satisfied that it has benefited greatly in respect of labour matters by its inclusion in the Indian Empire, we consider that there is not the same need for the maintenance of uniformity with India as there is in the case of the Indian provinces. Opinion on the Question. These considerations appear to be fully appreciated already, for the witnesses who appeared before us were overwhelmingly in favour of central legislation. We met none among Government officials, representatives of employers or representatives of labour who favoured the withdrawal of the power to legislate in respect of labour matters from the Central Legislature. While it was not suggested that pro- vincial legislatures should be deprived of any power which they now possess, the view is widely held that legislation on an all-India scale is ordinarily preferable. We observe that the Reports of the All-Parties Conference of 1928, of the Indian Statutory Commission and of the Federal Structure sub-Committee of the Indian Round Table Conference all contemplate central labour legislation. We also are convinced that the objections to the complete provincialisation of labour legislation are so great that every effort should be directed towards avoiding this course. Central Authority over Administration. There are, however, certain difficulties connected with central, legislation which must be faced. As a rule those who have given svidence before us have been impressed by the advantages which have resulted from the present arrangement, by which the more important labour laws are passed by the Central Legislature and administered by the provincial Governments. But there are important factors in the present position which are likely to be profoundly modified under any future constitution. In the first place, the Central Government have at present the power of superintendence, direction and control. If in practice this has involved no close supervision over administration, it has been of assistance in preventing the value of legislation being impaired by lax administration. Another factor which has probably been more valuable in securing smooth working has been the tradi- bon of the past. The system of administration was devised in a period when the authority of the Central Government was complete, and the actual administration has remained largely in the hands of men who had been responsible for it prior to the Reforms. The inherent diffi- culties of the position are also minimised by the fact that the side of the provincial Government which is responsible for administration is n0t at present responsible to the local legislature. It is impossible to assume that, as these factors change or disappear, the working of a system, which gives responsibility for policy to the centre and for administration to the provinces, will remain unaffected. It seems to

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