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Rules A. The fundamental right to freedom of association includes the right to form an association as well as not join an association. B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate. C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association. D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons. E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person. Facts Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.
If Parliament enacts a law which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, then:
Such a law would merely govem private action to which fundamental rights do not apply.
Such a law would not curtail any individual’s right to freedom of association.
Neither the employment contract, nor the law of the parliament would be enforceable as they would curtail the freedom of association.
The law of parliament would violate an individual’s freedom not to join any association and therefore be unconstitutional.
Unlike the previous question here the obligation to join a union is made by Parliament’s law, as such it would amount to an administrative/State action. The law of parliament would violate an individual’s freedom not to join any association and therefore be unconstitutional.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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