SSC
The right of all citizens to form associations or unions is guaranteed by:
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option B — Article 19(1)(c)
Detailed Solution
Article 19(1)(c) gives all citizens the right to form associations or unions. The words "or co-operative societies" were added by the 97th Constitutional Amendment Act, 2011.
What the right includes:
- Citizens may form political parties, trade unions, clubs, societies, companies and partnership firms.
- The right includes the right to start an association, to become a member, and also the right not to join an association.
Reasonable restrictions:
- Under Article 19(4), the State can impose reasonable restrictions in the interests of the sovereignty and integrity of India, public order or morality.
- For this reason, organisations that promote terrorism or secession can be banned, for example under the Unlawful Activities (Prevention) Act.
Limits laid down by courts:
The right to form a union does not include a guaranteed right to strike. The Supreme Court has held that there is no fundamental right to go on strike.
It also does not include a right to recognition of the union by the government.
Trade unions in law:
Trade unions are registered under a central law on trade unions passed before independence.
Co-operative societies:
- The 97th Amendment also added Article 43B, a Directive Principle on promoting co-operatives, and Part IXB on co-operative societies.
- In 2021, the Supreme Court struck down parts of Part IXB that dealt with state co-operatives, because they had not been ratified by the states.
Who can claim it:
Only citizens of India can claim the Article 19 freedoms.
Why not the other options?
- ✗Article 19(1)(a) covers freedom of speech and expression.
- ✗Article 19(1)(b) covers the right to assemble peaceably and without arms.
- ✗Article 19(1)(g) covers professions, trade and business.
Quick tip
Remember: Article 19(1)(c) = associations, unions and co-operative societies; restrictions under Article 19(4).
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Fundamental Rights — Preparation
This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.