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CS Professional · Labour Laws and Practice · Constitution and Labour Laws

Workers of Sunrise Textiles in Surat form a union and are told by management that union formation is illegal. Which statement correctly describes the constitutional position?

Article 19(1)(c) guarantees citizens the Fundamental Right to form associations or unions, subject to reasonable restrictions under Article 19(4). Management therefore cannot declare union formation illegal. The right is neither absolute nor confined to public sector workers, and it is not a mere directive.

  1. AArticle 19(1)(c) gives citizens the right to form associations or unions, subject to reasonable restrictions under Article 19(4)Correct
  2. BThe right exists only as a Directive Principle and cannot be enforced
  3. CArticle 19(1)(c) is absolute and no restriction of any kind can be imposed
  4. DThe right is available only to workers in the public sector

Explanation

Article 19(1)(c) guarantees citizens the right to form associations or unions. Article 19(4) permits reasonable restrictions in the interest of sovereignty and integrity of India, public order or morality. The right is therefore a Fundamental Right, not absolute, and not limited to public sector workers.

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