Charu Latha
In India, Part III of the Constitution deals with Fundamental Rights wherein, Article 19 is considered as a significant provision. Article 19 deals with the protection of certain rights regarding “freedom of speech”, etc.
It has been clearly stated under Article 19(1) that the rights mentioned herein are available only to citizens. The term “citizens” under this Article means only natural persons who have the status of citizenship under the law.
Article 19(1)(c) declares that all citizens shall have the freedom to form associations or unions. The ‘right to form associations’ implies that several individuals can get together and form associations voluntarily with a -
Common aim
Legitimate purpose &
Having a community of interest.
It is also relevant to note that the freedom to form associations or unions also includes the negative right of not having to join them. However, it has been held in the case of Tika Ramji vs State of U.P. [AIR 1956 SC 676] that it is doubtful if the negative right of not forming an association or union can also be regarded as a fundamental right under Article 19(1)(c).
The freedom to form an association is also not an absolute right. It is subject to reasonable restrictions as stated under Article 19(4), which may be imposed by the State on grounds of:
Interests of the sovereignty and integrity of India or
Public order or
Morality.
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