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Evolution of Social Security & Constitutional Mandates

Social security acts as an essential instrument for social justice, transitioning modern states from laissez-faire regimes to active welfare providers.

1. Social Insurance vs. Social Assistance

Social Insurance Social Assistance
Funded jointly by contributions from employers, employees, and sometimes the state. Funded entirely from the general revenues of the state (zero employee contributions).
Benefits are granted as a matter of right based on contribution records (e.g., ESI Scheme). Benefits are granted based on a needs-test or specific eligibility criteria (e.g., old-age pension).

2. Constitutional Mandates protecting Labour

The Indian Constitution incorporates social security guidelines under the Directive Principles of State Policy (DPSP):

  • Article 39: Mandates that the state secure adequate means of livelihood, equal pay for equal work, and protect the health and strength of workers.
  • Article 41: Mandates the state to secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
  • Article 42: Directs the state to make provisions for securing just and humane conditions of work and for maternity relief.
  • Article 43: Mandates securing a living wage and decent standard of life for all workers.
  • Article 43A: Directs the state to secure the participation of workers in the management of undertakings.