HR∝ Employee(Rights+Expectations - Duties) : Indian Polity and its influence on Human Resources

This article, presenting personal views, seeks to explore the relationship between the Indian Constitution and the field of Human Resources (HR) without intending to challenge or undermine either. It aims to dissect the constitutional postulates in the context of HR practices, respecting Indian law.

In any society, laws govern interactions among people, and management is about achieving group objectives through people in an ethical manner. As citizens of a country, employees are bound by the nation's laws while engaging in management activities. Thus, HR rules and practices are inherently influenced by the overarching directives of the Indian Constitution.

Article 13 of the Indian Constitution states that laws inconsistent with or in derogation of fundamental rights are void. Consequently, all HR laws and rules must align with acts of Parliament.

Domains and Subdomains of HR Impacted by Constitutional Articles:

HR encompasses various domains affected by different constitutional articles. These influences are outlined in a list detailing the impact of the Constitution on HR operations.

Supreme Court Rulings in HR:

Several landmark labor law cases have shaped employee compensation and benefits. Some judgments have become integral to HR operations, affecting aspects like transfers, regularization, and rights.

Rights + Expectations vs. Duties: The Individualized Conflict:

HR managers often struggle to balance employees' rights and duties. While employees are keenly aware of their rights, whether documented in HR policies or not, duties are sometimes overlooked. Expectations, akin to pseudo rights, include the desire for consultation on transfers, appraisals, job activities, travel, leave, training, boss selection, voicing opinions, and compensation for investments.

Conversely, fundamental duties such as transparent communication, self-initiated training, daily planning, adherence to organizational guidelines, and ownership of organizational objectives are less emphasized.

The Gap of Expectations: HR's Role and Efficacy:

The inherent gap between employers' profit motives and employees' career aspirations creates a clash for HR in employee relations and engagement. The divergence in rights and duties highlights HR's dramatic role in managing organizational policies, politics, diversity conflicts, and family requirements that uniquely affect each individual.

Duty Enforcers and Agency Crisis in Organizational Context: HR's Rise:

Rights have multiple enforcers, including the Supreme Court, labor courts, HR, and senior management. However, duties lack such agency, relying on individual character. HR plays a crucial role in recruitment, training, and culture building to enforce and nurture character within the workforce.

The greater the gap between rights + expectations and duties, the more vital HR becomes in governing communications with stakeholders and driving processes. Empowerment and autonomy in HR are critical for building organizational culture, recruitment, and training, which are evident in hiring documentation and testing.

In conclusion, the Indian Constitution and HR practices are deeply intertwined, with HR playing a pivotal role in bridging the gap between employee rights and duties while adapting to the country's evolving political landscape.

Sources:

1. Constitution of India - [Government of India](https://www.india.gov.in/my-government/constitution-india)

2. Industrial Disputes Act 1947 - [Ministry of Labour & Employment](https://labour.gov.in/industrial-disputes-act-1947)

3. Fundamental Rights and Duties - [Constitution of India](https://www.india.gov.in/my-government/constitution-india/constitution-india-full-text)

4. Supreme Court of India - [Official Website](https://main.sci.gov.in/)

5. Labour Law Case Studies - [Indian Kanoon](https://indiankanoon.org/)