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CS Executive · Setting Up of Business, Industrial and Labour Laws · Constitution and Labour Laws

Workers at a Chennai factory want to know which Constitutional provision is the source of their right to form a trade union, and what nature of right it is.

The right comes from Article 19(1)(c), which guarantees citizens the freedom to form associations or unions. It is a Fundamental Right, but the State may impose reasonable restrictions on it, so it is not absolute. Article 43A is only a Directive Principle on participation in management.

  1. AArticle 19(1)(c); a Fundamental Right, subject to reasonable restrictionsCorrect
  2. BArticle 43A; a Directive Principle, not enforceable
  3. CArticle 14; an absolute right without restrictions
  4. DArticle 21; a right available only to citizens against private employers

Explanation

Article 19(1)(c) gives citizens the right to form associations or unions. It is a Fundamental Right but can be restricted reasonably in the interest of public order, morality or sovereignty. Article 43A deals with workers' participation in management and is a Directive Principle.

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