Context:

To ensure large-scale job creation, the freedom to create jobs must be on a par with other freedoms guaranteed by the Constitution.

Introduction:

  • The idea of job creation has become a perennial segment of concern for both the general public as well as the policy makers of India.
  •  With the nation’s economy leaping in growth and also projected to grow much more in the coming decades it is imperative to seek more job creation and job diversification.

Background:

  • The government listed out several initiatives to facilitate entrepreneurship. These include access to credit, ease of getting clearance, and skill development.
  • Prime Minister Narendra Modi implored the youth to generate employment rather than just seek jobs.
  • The number of unemployed people fell by 9.6 million,
  • Seasonal jobs, demonetization, underemployment, reskilling, a reduction in investment, and a shift towards entrepreneurship were some of the reasons for this

Why Fundamental right to create jobs is needed?

It needs to be a fundamental right because:

  • About half of the working population is engaged in agriculture, including tobacco production.
  • A fundamental right to create jobs will aid in unshackling growth in key sectors like agriculture and allied activities, by repeal of restrictive policies and practices.
  •  Farmers will be able to demand their rightful access to land, capital, technology, markets, inputs, skills, remunerative pricing, and the government will be bound to oblige.
  • The potential of a rural non-farm economy has also remained untapped in creating job creators.
  • It will lead to reduction of unemployment and productive use of our demographic dividend
  • It will help in empowerment of citizens which will reduce the mental stress and health related disorders that are being prevalent in India.

Constitutional provisions:

  • Article 19(1)(g) gives the freedom to choose any trade, profession, occupation subject to reasonable restrictions imposed by the state.
  • There is a demand to add freedom to create jobs in it due to the issues of jobless growth, rapidly increasing unemployment, stagnation in agricultural sector, reduced global demand which is hampering our industrial growth etc.

Positive aspect of fundamental right to create jobs:

  • It will boost to ‘Make in India’ and other entrepreneurial schemes.
  • Such a right if comes to existence, then  activities like sport betting, use of marijuana for medicinal purposes, legalizing prostitution etc can be given a chance to be declared a legal profession which will increase the employment rate in India.
  • It provides a boost to the agricultural sector   as well as to rural non-farm economy and may curb rural-urban migration.

Negative aspect of fundamental right to create jobs:

  • If there is a fundamental right of job creation, then the divergence in delivery and quality of basic education, health and social service between urban and rural residents will be narrowed
  • For example, the Startup India programme is focused on information technology and related sectors, and restricted to urban center
  • Making job creation a fundamental right can lead to problems such as:
    1. People going for illicit activities like Prostitution and claiming it to be part  of  fundamental rights
  1. It might lead to exploitation of labour without proper laws in place.
    3. We need formal jobs but this might lead to in-formalisation of jobs.

Criticism of such a right:

  • Despite its manifold advantages, the ‘ freedom to create jobs ‘ being declared valid by Constitution might not be practically feasible. There would be morality related hurdles legalising profession like betting or prostitution.
  • May impose a heavy financial burden on the State, especially considering India’s population.
  • Job creation may not be qualitative.
  •  Unlawful activities like commercial sex, drug production etc maybe encouraged.

Challenges:

  • India’s non ratification on domestic workers in international labour organsiations, affect mass  women domestic workers in India
  • India’s joining of UN single convention on narcotic drugs in 1961.
  • Start up India programme focusing on IT sectors and restriction to urban centres.
  • Weak system of Indian arbitration system

Solutions:

To promote job creation in mission mode, India need to provide conducive environment to job creators in line with following constitutional principles-

  • Freedom to move – the Industrialists especially faces a number of challenges in seamless travel throughout the country.
  • Freedom to pursue to any profession or business of one’s choice – recent cattle trade rules banning sale of animals for slaughter has made many jobless.
  •  Freedom to manage one’s affairs – Labour laws must be made flexible to make it easy for employers to hire or fire people as maintaining efficiency is crucial to quality job creation
  •  Freedom to form association – quality, secure & safe jobs can only become reality only constitutional freedom to formation of associations & unions is respected. There has to be a balance between employer’s right to fire inefficient people & employee’s right to fight dignified and human working environmen
  •  No to gender bias – the principles like equal pay for equal work for both genders, Safe & secure working environment, no discrimination to anyone either inside or outside the workplace should be uphold
  • The rights guaranteed by the Constitution such as Article 21- Right to life & personal liberty and various subsections under it like ‘Right to livelihood’, Article 41 that protects the right to work etc need to be strengthened.

Conclusion:

A secure, prosperous and strong nation cannot be built without providing every able-bodied individual an opportunity to create jobs. Providing a ‘right to create jobs’ may generate a favorable atmosphere full of opportunities that can create direct & indirect employment but it should be crafted carefully so that its unintended consequences are leveled

 

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