Pandemic restrictions and street vendors’ right to work in India: protection through a robust rule of law framework

Abstract

ABSTRACT The COVID-19 pandemic has wreaked havoc on the urban poor, particularly street vendors in India. The impact of the virus is worsened by the response of the Union and State governments. To evaluate the challenges faced by street vendors due to the pandemic, this paper seeks to: First, describe the legal architecture deployed in India to tackle the pandemic. Second, elaborate the human right to livelihood in international and domestic laws, and test domestic legislation on the principles constituting the rule of law. Third, assess the various executive orders issued by State governments under these laws on their fidelity to the principles of the rule of law. Fourth, identify the mechanisms which may bolster the rule of law in India by drawing inspiration from the best practices in other countries. Hopefully, these mechanisms, once imbibed, would protect India’s impoverished and the disadvantaged through any crises in the future.