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Kishori Mohanlal Bakshi vs Union Of India & Ors on 11 April, 1961

12. It is true that "equal pay for equal work" is not one of the fundamental rights, guaranteed by our Constitution. It is also true that there is no statute or statutory rule prescribing "equal pay for equal work". It is true that equal pay for equal work was described by the Supreme Court in Kishori Mohanlal Vs. Union of India - AIR 1962 SC -1139 as an abstract doctrine. Whether it is an abstract doctrine or not, it is one of the goals, our people have set for themselves. It is one of the Directive Principles of our Constitution that the State shall, in particular, direct its policy towards securing that there is equal pay for equal work for both men and women. (Article-39(d) of the Constitution). Directive Principles are of course, not justiciable in the sense that the courts cannot compel the making of laws to further the Directive Principles of State Policy. But it does not mean that the Directive Principles have to be ignored by the courts. Far from it Article-37 of the Constitution expressly prescribes that the directive principles are fundamental to the governance of the country and that it shall be the duty of the State to apply these principles in making laws. It has been said on high authority that the Directive Principles should serve as an Instrument of instructions to the legislature and the executive. They are the guidelines for the legislature and the executive. So they must serve the judiciary as an instrument of interpretation. In interpreting other provisions of the Constitution including the Page 15 of 50 C/LPA/295/2013 CAV JUDGEMNT provisions relating to the fundamental rights for the purpose of adjudicating upon the constitutional validity of any legislative or executive action, the courts will be well justified in looking to the Directive Principles for light and guidance or at any rate to seek assurance. That will be a legitimate use by the Courts of the directive principles.
Supreme Court of India Cites 4 - Cited by 94 - Full Document
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