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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The Right to Strike *

The Right to Strike *

Chapter:
(p.lxiv) 9 The Right to Strike*
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0009

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

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