Chapter

The Right to Strike*

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0009
The Right to Strike*

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This chapter discusses the judgement pronounced by Justice M. B. Shah of the Supreme Court, on 6 August, in the now famous ‘right to strike’ case. He held that employees have no fundamental right to go on strike. The chapter criticizes the reasoning and the conclusion of Justice Shah. Every rule in the book was broken. Justice Shah made observations which he did not have to make in order to decide the case; they were sweeping and inappropriate. They were made not only against the spirit of the times but in apparent unawareness of modern trends in the law, including India's international obligations. The chapter suggests that the right to strike should be seen as a fundamental right; it should be permissible with lawful restrictions and should not be completely denied.

Keywords: strikes; right to strike; Judge M. B. Shah; Fundamental rights; Lawful restrictions

Chapter.  3258 words. 

Subjects: Constitutional and Administrative Law

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