Author: Mohini More, PES’s Modern Law College Pune
To the Point
In today’s India, education is seen as a ladder to success. Parents invest their hard-earned money, and students spend years preparing and studying with the hope that one day they will get a good job and live a dignified life. But once students graduate, the reality often hits hard. Despite having degrees, many young people are not able to find jobs. And if they do, the jobs may not match their education or skills. This situation is called underemployment. It is one of the most frustrating problems for the youth and a major concern for the country.
This article discusses what the Constitution says about the right to work, how legal principles support employment, and what challenges still remain. It also highlights how mental and financial stress is rising among educated youth and why we must look at this problem seriously.
Use of Legal Jargon
Underemployment is when a person is working, but the job does not match their skills, qualification, or time availability. For example, a law graduate working as a data entry operator or a full-time worker being offered only part-time work at all.
Article 16 of the Indian clearly says that government job should be open to everyone bsed on merit ,and no one should be denied a chance of their religion, caste, gender, or place of birth. This Article protects fairness in recruitment and ensures that every individual gets the same chance to compete for a government job.
Directive Principles of State Policy (DPSPs)The Directive Principles of State Policy act as important guidelines for the government to create fair and just policies.. Article 41 talks about the right to work, especially for those who need support. Article 42 focuses on ensuring just and humane conditions of work, which means that workers should be treated fairly and with dignity.
The Right to Livelihood has been included under Article 21 of the Indian Constitution through various court decisions. Article 21 protects every citizen’s Right to Life and Personal Liberty. The courts have explained that life is not just about survival—it also includes living with dignity and self-respect. Since a person cannot live with dignity without having a means to earn, the Right to Livelihood has been recognised as an essential part of the Right to Life.
The Proof (Statistics)
The numbers speak for themselves. According to the Centre for Monitoring Indian Economy (CMIE), India’s unemployment rate was 7.8% in May 2024. This might sound like just a number, but behind it are real stories of frustration and disappointment.
Over 77.7% of Indian youth are literate. However, the employment-to-population ratio is stuck around 38 to 40%, which means that even though more people are educated, they are not getting jobs in the same proportion.
For every one government job, there are lakhs of applicants. For example, in a recent railway exam, over 1.25 crore candidates applied for just 35,000 posts. These numbers show how tough and unfair the situation is becoming for educated job seekers.
Abstract
India’s employment issue goes beyond just joblessness—it’s about how thousands of educated youth are either sitting at home without work or doing jobs that don’t match their education or skills. This is not just an economic problem but also a question of dignity and fairness. Our Constitution promises equal opportunity and the right to live with respect, yet these promises often remain unfulfilled for young graduates. With huge numbers applying for very few posts, it becomes clear that the system isn’t working the way it should. This article looks at how the law supports the right to work and why those legal rights aren’t fully reaching the youth who need them most.
Case Laws
Olga Tellis v. Bombay Municipal Corporation (1985)
The supreme court said that no one can live without the means of living, and therefore the state must respect the livelihood of citizens under article 21.
D.S. Nakara v. Union of India (1983)
This case focused on pensioners but introduced a very important idea—that social justice must guide state policies. It reminded the government that economic planning should not leave behind people who are in need.
State of Karnataka v. Umadevi (2006)
In this case, the court said that government jobs must be given based on proper rules and open competition. But it also reminded the government that fair and equal chance must be available to everyone. This case underlines the balance between rules and justice.
Mental and Financial Pressure on Youth
The effects of unemployment and underemployment are not just on paper—they are deeply personal. Many young people feel stressed, helpless, and anxious about their future. The financial pressure on families increases when educated children stay at home without income.
Mental health is becoming a serious issue. Youth feel useless, and their self-worth goes down. Social media adds more pressure, as everyone is comparing their lives with others. Delayed careers also mean delayed independence, marriage, and life goals.
Sometimes, educated youth end up taking jobs only for survival, not because they want to. Th. A law graduate doing delivery jobs or a science postgraduate working as a clerk shows how badly we are wasting talent.
Conclusion
India is proud of its youth and their talent. But what’s the use of education if it cannot bring decent work? The Constitution gives us the right to equal opportunity, to live with dignity, and to work in fair conditions. But these rights must be made real.
Our government, lawmakers, and society need to make real efforts—not just to create jobs, but to create meaningful and respectable jobs. Education must be linked with skills. The government should make policies that encourage startups and small businesses, ensure fair hiring practices, and guarantee equal pay for equal work, so that everyone has a fair chance to grow and succeed.
We must ensure that young people do not lose hope. They are the future of the country. A country can only grow when its youth feel secure, respected, and valued.
FAQS
Q1. What is the difference between unemployment and underemployment?
Ans: Unemployment means not having any job even if you are ready to work. Underemployment means having a job that does not match your education or gives you less work than you need.
Q2. What does Article 16 say about employment?
Ans: Article 16 says all citizens should get equal opportunity in government jobs. It stops discrimination and gives everyone a fair chance.
Q3. Are there any laws that support the Right to Work in India?
Ans: The Right to Work is not directly mentioned as a fundamental right. But Articles 39 and 41 under Directive Principles ask the government to give people the chance to earn a living. Courts have also said that the Right to Livelihood is part of the Right to Life.
Q4. Why is underemployment a problem in India?
Ans: It wastes the talent of educated people, reduces their income, creates stress, and stops them from growing. It also affects the country’s development as skilled workers are not used properly.
Q5. What can be done to improve this situation?
Ans: Education should include skill training. The government should support startups, create more jobs, and make recruitment transparent. Youth should also be guided better about job options and career planning.
