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Home > Know Your Rights > Right to form Associations
FAQ's | Landmark Judgements | Legal Frameworks

Landmark Judgments

·  In the case of  State of Madras Vs. V.G. Rao, 1952, Supreme Court held that :

"The right to form associations or unions has such wide and varied scope for its exercise and its curtailment is fraught with such potential reactions in the religious, political and economic fields. That the vesting of authority in the executive government to impose restrictions on such right, without allowing the grounds of such imposition, both in their factual and legal aspects, to be duly tested in a judicial enquiry, is a strong element which, in our opinion, must be taken into account in judging the reasonableness of the restrictions imposed on the exercise of the fundamental right under Article 19 (1) (c)."

 

·  In B.R. Singh Vs. Union of India, 1989, the Supreme Court explained the right to strike as a part of right to form associations and stated that:

“The bargaining strength [of trade unions] would be considerably reduced if it is not permitted to demonstrate by adopting agitational methods such as… ‘strike’…The right to strike is an important weapon in the armoury of workers, recognized by almost all democratic countries as a mode of redress.”

 
 
 
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