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STRIKE: A LEGITIMATE ROUTE TO WORKMEN RIGHTS

By Priya Sharma & Shivantika

Demonstrations and processions usually involve three fundamental rights; freedom of speech, freedom of assembly, and freedom of movement. Many a times the question arose before the court that whether the above stated fundamental rights includes the right to strike. In this research the researcher tried to analyse the emergence of the concept of right to strike under the Article 19(1) of the Indian Constitution, by analysing various decided case laws in this matter. Research to propose Amendment of Article 19(1)(c) and 19(4) of Indian Constitution to add right to strike as a fundamental right subject to restriction such as advance notice to employer and strike being peaceful. The right to strike, regardless of the position where they are working, is fundamental democratic rights of all employees: actual and public. It is thus measured on the scale of democracy according to the degree of realization of this right in a society. Therefore, we can say that the right to strike is a fundamental measure of democratic values of a society. Without the freedom to strike, there is no true democracy. The right to strike is controlled by the UN, ILO and the European Unions international law instruments (acts).
Keywords: Strike, Constitution, Workman, freedom of speech, freedom of assembly.

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