Legal framework of social security in India: an overview

The basic framework of socialism is to provide a decent standard of life to the people through a system of social security. India is constitutionally a Socialist State, the principle aim of which is to eliminate inequalities in income and status and standards of life. Social security reached its pinnacle in the provisions that have been enshrined in the Constitution of India and subsequently in the legislations that the Central Government has enacted. The study focuses on existing legal framework of social security in India which indicates that the existing legal framework caters only for a small proportion of labour-force and covers mainly labours engaged in the organised sector. In India, vast majority of labour force in the unorganised and agricultural sector are beyond the benefits of organised social security schemes. However, the problem of limited coverage has become a matter of concern to social security policy makers, who recognise that the exclusion of ordinary people from modern forms of social protection is undesirable. Further, there is absence of comprehensive social security policies which can co-ordinate different schemes and ensure that their various objectives are complementary. On the whole, the social security legislations of our country suffer from certain defects as uneven scope, inadequacy of benefits, duplication and overlapping provisions and different administrative authorities for implementation and enforcement. Inspite of certain drawbacks, social security schemes can contribute towards social protection if they are adequately supported with resources, carefully designed to meet local needs, and integrated into a national policy committed to providing adequate social protection to the excluded majority.