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Report No. 138

7.6. Social security and rehabilitation.-

We now turn to the Concurrent List entry 23 which reads as under:-

"23. Social security and social insurance, employment and unemployment."

Besides this, the Concurrent List, entry 27 empowers the enactment of legislation for "relief and rehabilitation of persons displaced from their original place of resident* by reason of the setting up of the Dominions of India and Pakistan." It appears that West Bengal Land Development and Planning Act, 1940 was held to fall under this entry (entry 27).1

In our view, the proposed legislation can be regarded as falling under "social security" on the reasoning that in interpreting Concurrent List, entry 23, one finds support from entry 27. The Constitution makers' did not mention relief and rehabilitation of general in the Concurrent List, and concentrated on refugees from Pakistan, obviously because, at that time, that was the principal problem very much before them. It cannot, however, be gainsaid that rehabilitation of evicted slum or pavement dweller by way of rehabilitation is an essential component of 'social security' in general.

1. Benoy Krishna v. State of West Bengal, AIR 1966 Cal 429 (430), para. 5 (D. Basu, J).

Legislative Protection for Slum and Pavement Dwellers Back

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