Abstract

India's labour law framework systematically excludes 82-90% of the workforce through coordinated legal mechanisms that prioritise capital flexibility over worker protection. This research demonstrates that exclu sion is not a regulatory gap, but rather an intentional design embedded in the CoSS 2020. Through doctrinal analysis of constitutional jurisprudence, empirical examination of published judicial data, and compara tive legal analysis of peer emerging economies, this study establishes five novel propositions: Constitution al Piercing Doctrine permits courts to disregard contractual classifications when they defeat fundamental rights; Algorithmic opacity violates Article 23's forced labour prohibition; Multi-platform work intensifies subordination contrary to "independence" fictions; Published judicial delay data concentrates disadvantage on vulnerable workers; and CoSS 2020 represents deliberate policy choice favouring welfare-exclusion over employment rights. The research contributes a prescriptive framework for Algorithmic Due Process (ADP) as a mandatory constitutional standard, establishing that Indian labour law functions as a successful technology for institutionalising precarious labour within capitalist accumulation.

DOI: doi.org/10.63721/26JESD0135

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