Explain the freedom of association under the Constitution of India. What reasonable restrictions have been imposed on this freedom under Article 19 of the Constitution of India ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2019
Explain the freedom of association under the Constitution of India. What reasonable restrictions have been imposed on this freedom under Article 19 of the Constitution of India ?
Answer & Explanation:
According to Article 19(1)(c) of the Constitution of India, all citizens shall have the right to form associations or unions. The freedom of association includes freedom to hold meetings and to take out processions without arms. Right to form associations for unions is also guaranteed so that people are free to have members entertaining similar views. This right is also, however, subject to reasonable restrictions which the State may impose in the interests of: The sovereignty and integrity of India, or Public order, or Morality. A question not yet free from doubt is whether the fundamental right to form association also conveys the freedom to deny to form an association. In the case of Tikaramji v. Uttar Pradesh, AIR 1956 SC 676 , the Supreme Court observed that assuming the right to form an association "implies a right not to form an association, it does not follow that the negative right must also be regarded as a fundamental right".
Topics: Constitutional Law
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