Industrial Relations Code Amendment Bill Tabled in Lok Sabha

Industrial Relations Code Amendment Bill Tabled in Lok Sabha

The government on Wednesday introduced the Industrial Relations Code (Amendment) Bill, 2026 in the Lok Sabha, seeking to clarify the legal position surrounding the repeal of earlier labour laws subsumed under the Industrial Relations Code, 2020. The move is aimed at preventing potential legal complications regarding the continuity of repealed enactments.

Purpose of the Amendment

Union Labour Minister Mansukh Mandaviya introduced the Bill through a supplementary agenda shortly after the Question Hour. The proposed amendment seeks to remove any scope for confusion over how certain pre-existing labour laws were repealed following the enactment of the Industrial Relations Code, 2020.

According to the statement of objects and reasons, although the repeal has already taken effect through Section 104 of the Code, concerns have been raised that the repeal could be misconstrued as an executive action rather than a statutory consequence. The amendment is intended to eliminate such ambiguity.

Background: Consolidation of Labour Laws

The Industrial Relations Code, 2020 consolidated and replaced three major labour legislations — the Trade Unions Act, 1926; the Industrial Employment (Standing Orders) Act, 1946; and the Industrial Disputes Act, 1947. These laws governed trade unions, conditions of industrial employment and mechanisms for dispute resolution.

Section 104 of the Code contains savings provisions to ensure continuity and legal certainty for actions taken under the repealed laws. It clarifies that the repeal operates automatically upon the enforcement of the Code.

Clarifying the Legal Position

The government has stated that while the repeal occurred by operation of Section 104 itself, there remains a possibility of future legal challenges on the ground that the Act delegates repeal powers to the executive. A February 2026 notification further reaffirmed that the repeal was statutory in nature.

To avoid “future unwarranted complication”, the amendment has been proposed to explicitly reinforce that the repeal stems directly from the Code and not from executive discretion.

Important Facts for Exams

  • The Industrial Relations Code, 2020 is one of four consolidated labour codes enacted by Parliament.
  • It replaced the Trade Unions Act, 1926; Industrial Employment Act, 1946; and Industrial Disputes Act, 1947.
  • Section 104 of the Code contains repeal and savings provisions.
  • Labour is listed in the Concurrent List of the Seventh Schedule of the Constitution.

Implications for Labour Law Framework

The amendment is procedural in nature but significant for ensuring legal clarity in India’s restructured labour law regime. By reinforcing the statutory basis of the repeal, the government aims to safeguard the continuity of industrial relations mechanisms under the new Code and pre-empt interpretational disputes that could arise in future litigation.

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