Right to strike
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
A strike is when workers stop working together to press their demands. In India, the right to 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. Article 19(1)(c) protects the right to form unions, but not every action a union might take.
Example
In T.K. Rangarajan (2003), Tamil Nadu government employees went on a mass strike and were dismissed. The Supreme Court held that they had no right to strike.
Don't confuse with
- Freedom of association (Art. 19(1)(c)): this is the fundamental right to form unions and associations. Striking is not part of it.
- Right to protest: peaceful demonstration is protected under Arts. 19(1)(a) and (b). A strike means stopping work, which is a different act.
Related concepts
- Freedom of assembly
- Right to protest
- Prohibitory order
- Freedom of association
- Freedom of movement
- Freedom of residence
- Freedom of profession
- Anuradha Bhasin case
- Right to access the internet
- Doctrine of proportionality