INTRODUCTION
India's labour law framework has undergone a significant
transformation with the consolidation of 29 central labour
enactments into four labour codes. One of the most consequential
among these is the Industrial Relations Code, 2020
("Code"), which subsumes the Industrial
Disputes Act, 1947 ("IDA"), the Trade
Unions Act, 1926, and the Industrial Employment (Standing Orders)
Act, 1946. The stated objectives of the
"Code" include simplification of
compliance, promotion of ease of doing business, and modernization
of industrial relations, while continuing to safeguard workers'
rights.
However, the transition from the erstwhile regime to the
"Code" has raised institutional and
constitutional concerns. These issues were brought into sharp focus
by the order of the Delhi High Court in N.A. Sebastian
& Anr. v. Union of India (order dated 3 December
2025)1, where the Court, at a prima facie
stage, highlighted the consequences of enforcing the
"Code" without
