Question 1

Labour welfare and industrial disputes are exclusive subjects under the State List of the Seventh Schedule.

Accepted Answer

Trade unions, industrial, and labour disputes are placed under the Concurrent List (List III, Entry 22), allowing both Parliament and state legislatures to enact laws.

Question 2

When a new consolidated code is passed, older parent acts are automatically and immediately erased from the statute books without specific provisions.

Accepted Answer

A specific repeal and saving clause is required, and sometimes retrospective amendments (like this 2026 Bill) are necessary to define the exact transition and protect pending actions under the old laws.

Question 3

With reference to the Industrial Relations Code and labour legislation in India, consider the following statements:
1. Labour welfare and industrial disputes fall exclusively under the Union List of the Seventh Schedule to ensure nationwide uniformity.
2. The Industrial Relations Code amalgamates the Trade Unions Act (1926), Industrial Employment (Standing Orders) Act (1946), and Industrial Disputes Act (1947).
3. Parliament has the constitutional power to enact civil laws with retrospective effect to clarify repeal dates of older statutes.
How many of the above statements are correct?

Accepted Answer

(b) Only two — Statement 1 is incorrect: Labour welfare, trade unions, and industrial disputes fall under the Concurrent List (List III, Entry 22 and 24), not the Union List. Statement 2 is correct: The IR Code subsumes these three specific historical acts. Statement 3 is correct: While Article 20(1) prohibits retrospective criminal legislation (ex post facto laws), Parliament can pass civil and procedural laws with retrospective effect to clarify transitional dates or repeal mechanisms. Therefore, exactly two statements are correct.

Question 4

Match List I (Older Labour Laws) with List II (New Labour Codes) they have been subsumed under:
List I:
A. Minimum Wages Act, 1948
B. Trade Unions Act, 1926
C. Employees Provident Funds and Miscellaneous Provisions Act, 1952
D. Factories Act, 1948

List II:
1. Code on Wages
2. Industrial Relations Code
3. Code on Social Security
4. Occupational Safety, Health and Working Conditions Code

Select the correct answer using the code given below:

Accepted Answer

(a) A-1, B-2, C-3, D-4 — The Code on Wages (1) subsumes the Minimum Wages Act, 1948 (A). The Industrial Relations Code (2) subsumes the Trade Unions Act, 1926 (B). The Code on Social Security (3) subsumes the EPF Act, 1952 (C). The OSH Code (4) subsumes the Factories Act, 1948 (D). Hence, option (a) is the correct matching sequence.

Question 5

Assertion (A): The Parliament passed the Industrial Relations Code (Amendment) Bill, 2026 to explicitly clarify the formal repeal date of older labour laws as November 2025.
Reason (R): Under the Indian Constitution, the executive branch cannot use delegated legislation to indefinitely suspend or repeal parent statutes without explicit parliamentary authorization.
Select the correct answer from the codes given below:

Accepted Answer

(a) Both A and R are true and R is the correct explanation of A. — Assertion (A) is factually correct as the 2026 amendment was passed to formally stamp the November 2025 repeal date. Reason (R) is also correct and is the valid explanation for A. Executive notifications cannot arbitrarily repeal primary statutes enacted by Parliament. Because relying merely on executive notifications to manage the transition was creating legal ambiguities and judicial challenges (delegated legislation limits), Parliament had to step in with an explicit legislative amendment (statute) to validate the repeal date. Thus, R explains why A was necessary.

Passage of Industrial Relations Bill

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