Right to Work in Contemporary India: a Legal and Policy Analysis of Skill Development and Employment Frameworks

Abstract

The Right to Work has become even more important in the twenty-first century as a result of post-pandemic unemployment, the gig economy, and technological advancements. The Right to Work is a fundamental socioeconomic right that ensures a dignified livelihood and is rooted in the Directive Principles of State Policy as stated in Articles 38, 39, 41, and 43 of the Indian Constitution. The legal meaning of the Right to Work in India has changed over time, and this paper critically analyses how it is currently operationalized through skill development initiatives including the Pradhan Mantri Kaushal Vikas Yojana (PMKVY), the National Education Policy (NEP) 2020, and the Skill India Mission. The paper assesses how India's policy architecture aims to make employability a moral and legal right by drawing on international labor norms and constitutional law. The paper contends that although there has been a lot of progress, the Right to Work cannot fulfill its constitutional potential because it lacks institutional accountability and statutory enforceability. In order to create a rights-based and inclusive employment framework appropriate for India's digital and knowledge economy, it ends by suggesting legislative changes.