FREEDOM OF ASSOCIATION
AUTHOR – SEGAR S, PG STUDENT AT UNIVERSITY LAW COLLEGE & DEPARTMENT OF STUDIES IN LAW, BANGALORE UNIVERSITY, BANGALORE.
BEST CITATION – SEGAR S, FREEDOM OF ASSOCIATION, ILE MULTIDISCIPLINARY JOURNAL, 2 (1) OF 2023, PG. 45-55, APIS – 3920 – 0007 | ISSN – 2583-7230.
ABSTRACT
The Constitution of India provides for freedom to assemble and the freedom to associate. Article 19 (1) (b) provides that all citizens shall have the right to assemble peaceably and without arms. While Article 19 (1) (c) accords all citizens the right to form associations or unions or cooperative societies. This article examines both rights in the context of Indian constitutionalism.
The freedom to assemble is of special interest within the realm of constitutional law, since it is enabled and restricted by an intersection of the constitutional text and the criminal procedure code. The freedom of association is not curtailed by any procedural code. It character and breadth is shaped only by the jurisprudence of the Supreme Court, and the limitations imposed by the Constitution. The reasoning of the Court is superficial when it comes to appreciating the freedom of association.
The Court has not considered the need to provide for greater conceptual clarity on the two necessities of the two freedoms. Nor has the Court engaged in a discussion of principles that must guide it when interpreting these freedoms. Instead the Court has engaged in a case by case analysis while crafting jurisprudence as it sees fit based on categories or classes of bearers of these freedoms. For instance, instead of engaging in a discussion on strikes, it creates classes of citizens who cannot strike- lawyers or government employees or members under the essential services regimes.
The Right to Freedom is one of the Fundamental Rights guaranteed by the Constitution of India. It is very important to understand what this right entails and includes. The six fundamental rights enshrined in the Constitution are considered essential for the functioning of Indian democracy. The right to freedom gives citizens basic freedom with respect to speech and expression, form associations, freedom of personal liberty, freedom to live a life of dignity, etc. The right to freedom is important because it is a basic human right. The Indian national struggle against colonialism was a fight to be free of foreign colonial rule, and also for the freedom to live life with dignity, to determine how to live in accordance with law, profess any occupation or trade, speak and express freely, move and reside in any part of the country, and ultimately to be able to live meaningful lives with security.Freedom of association means that every individual is free to organise and to form and participate in Groups/Associations, either formally or informally. Article 19(1)(c) of the Indian Constitution guarantees the right to form associations and unions to all or any of its citizens. However, under clause (4) of Article 19, the state may impose reasonable restrictions on this right in the interest of public order, morality, or India’s sovereignty and integrity. Here we will discuss the Freedom of Association.