Freedom of association
Also called: Article 19(1)(c) · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
Freedom of association is the right of citizens to form associations, unions and cooperative societies. It comes from Article 19(1)(c). Cooperatives were added to this clause by the 97th Amendment, 2011. It belongs only to citizens. The State may place reasonable restrictions on it, meaning limits that a court checks for fairness, on grounds of public order, morality, and the sovereignty and integrity of India. It lets people act together, through trade unions, clubs or political groups.
Example
Workers in a factory may form a trade union to bargain for better pay. Forming the union is protected, but going on strike is not a fundamental right. In T.K. Rangarajan (2003), the Supreme Court held that government employees have no fundamental, legal or moral right to strike.
Don't confuse with
- Freedom of assembly (Art. 19(1)(b)): this is the right to meet peaceably and without arms for a gathering. Association is the right to form a lasting group.
- Right to strike: forming a union is a fundamental right, but striking is not.
Related concepts
- Freedom of assembly
- Right to protest
- Prohibitory order
- Right to strike
- Freedom of movement
- Freedom of residence
- Freedom of profession
- Anuradha Bhasin case
- Right to access the internet
- Doctrine of proportionality