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. 461 judge, the difficulties involved in this combination are not likely to be confined to the sphere of labour, and we do not doubt that methods can be devised for surmounting them. If the links which have hitherto been effective are weakened or disappear, fresh links will arise and can. be created. The development of responsibility in both the central and provincial spheres should prove a useful new bond, and as legislatures hecome increasingly representative, the tie will be strengthened. We propose later the establishment of special machinery which should go a considerable distance towards meeting the difficulty, and this is not the least of the advantages it is designed to secure. But it will not in itself be sufficient for this purpose, and we would emphasise the need of invoking all such means as are reconcilable with. the general principles of the constitution, to make it certain that any legislation adopted is generally effective. Financing of Legislation. Another difficulty is that arising out of the financial effects of legislation. Under the present constitution the central legislature can pass laws involving a tax on the revenues of provincial governments without the assent of these governments. The number of factories coming under regulation depends on a central Act; but the provintes have to pay for the necessary inspectors. The Workmen's Compensation, Act is a central Act ; but the Commissioners whose appointment it required had to be supplied by the provinces. Hitherto the inherent difficulties of the position have not been prominent, mainly because legislation at the sentre has not made any demands on the provinces except for administra- tive expenses which have been, and usually will be, comparatively small. But there is an important field of labour legislation which may involve substantial expenditure on the part of the State. Schemes of social insurance and various forms of social benefit may be linked with State sontributions and State grants, and, apart from these, may require the imposition of substantial taxation. While we do not regard these con- siderations as justifying the withdrawal of labour legislation, even in part, from the Central Legislature, we must stress the importance of avoiding the possibility of the adoption of laws involving large charges on provincial revenues, without the assent of all the provinces affected. There are various means by which this could be arranged, but the discus- sion of these would take us far outside our proper sphere. Central and Provincial Legislation. It is relevant, however, to observe in this connection that the issue, as it presents itself to us, is not whether all labour legislation should or should not be central, but whether it is not desirable that the centre, as well as the provinces, should retain the power of legislation. We believe that there is a wide field for provincial legislation. In particular, there are valuable possibilities of experiments in new directions on a pro- vincial scale. On the merits of the whole case, we have no hesitation in recommending that legislative powers in respect of labour should continue with the Central Legislature and thatthe provincial legislatures

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