Does the Constitution guarantee minimum wages to domestic workers? The Supreme Court answered this in 2026. In Thozhilalargal Sangam & Ors. v. Union of India & Ors. [W.P.(C) No. 42/2026], case filed with the aim that Domestic workers should be covered under minimum wage laws. That minimum wages should be declared a fundamental right, directions be issued to Centre and States to fix wages and grant protection under labour laws
On 29 January 2026, a Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi ruled that implementing minimum wages is a legislative and executive matter best left to State authorities.
The Apex court while observing that domestic workers are vulnerable reasoned that wage fixation is a legislative function and courts cannot force law-making, while the policy decisions lie with Parliament and States
The Court expressed concern that mandatory wage fixation for households could lead to trade unions dragging “every household” into litigation, potentially discouraging people from hiring domestic help
Supreme Court refused to fix minimum wages, did not declare it a fundamental right and the petition disposed of
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