Principle The Constitution of India guarantees certain fundamental rights to its citizens The Consti...........

Constitutional Law FR, DPSPS and Duties

Principle: The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by state even by a law. For violation of this, the person adversely affected by the law may approach the High Court or the Supreme Court for the issuance of an appropriate writ. One of these rights includes the freedom to form association that implies the right to join an association or not to join such an association.

Facts: Owing to some industrial disturbances created by XATU, one of the several trade unions in AB Chemicals (Pvt) Ltd., the Company issued a circular to all its employees that as far as possible the employees may disassociate with XATU. Navin is an employee of AB Chemicals and the current General Secretary of XATU. Aggrieved by this circular, which affected the fundamental rights of his and other members of the Union, approaches the High Court of the state for a relief. Identify the most reasonable legal proposition.

The Company’s circular is illegal and has to be quashed by the Court.

The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.

Circular issued by a Company amounts to law in the constitutional sense and hence the High Court can issue a writ as pleaded for by Navin.

The circular interferes with the freedom guaranteed by the Constitution and hence the High Court can issue an appropriate writ.

Explanation:

The principle clarifies that fundamental rights cannot be taken away by the State which is defined in Article 12 of the Indian Constitution. In case the fundamental rights are violated by the State, the aggrieved party may approach the court. In the given factual situation the restriction is imposed by AB Chemicals (Pvt.) Ltd. and hence Navin does not have any remedy. The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.