It is our basic human right to work or engage in "productive employment" and no citizen shall be prevented from doing so under the Universal Declaration of Human Rights (UDHR).
The right to work is also recognised in the International Human Rights Law under the International Covenant on Economic, Social, and Cultural Rights.
The preamble of our Constitution, considered as its soul also secures social, economic, and political justice to all the citizens of our country.
The Right to Work falls under the expression of Right to Life and Livelihood.
In State of Maharashtra vs Shobha Vitthal Kolte And Ors. on 4 August, 2005 case, the Supreme Court observed that "right to livelihood is a fundamental right as the right to life is protected under the Article 21 of our Constitution.
The Article 41 of Indian Constitution has a provision that states shall provide "theÂ rightÂ toÂ work, to education and to public assistance in case of unemployment, old age, sickness and disablement, and in other cases of undeserved want."
However, the right to work shall be considered as a fundamental right when there is a legislative guarantee in the form of legislation.