The article “The Contractual Trap” examines the evolving jurisprudence of the Supreme Court and its decisive shift against the systemic misuse of contractual employment in the public sector. It analyses key judicial developments, including the reaffirmation that the nature of work, rather than contractual labels, determines entitlement, the clarification that Uma Devi is a constitutional command, the invalidity of exploitative contractual clauses in public employment, the role of employer conduct in establishing legitimate expectations, and the rejection of financial constraints as a defence against constitutional obligations.
The article highlights that recent judicial pronouncements collectively strengthen the constitutional framework governing public employment by safeguarding the rights of workers engaged in irregular appointments and reinforcing the State’s obligations under Articles 14, 16, and 21 of the Constitution. It also underscores the growing emphasis on fairness, equality, and substantive justice over contractual formalities in public employment.
