Publication Type

Journal Article

Version

acceptedVersion

Publication Date

1-2004

Abstract

Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues that the constitutionality of strikes under Part IVA is dependent on five essential conditions. A duty to strike is constitutional only and only if the five conditions are satisfied.

Keywords

duty, strike, Indian Constitution, Mahatma Gandhi, truth

Discipline

Asian Studies | Constitutional Law

Research Areas

Public Interest Law, Community and Social Justice

Publication

Asia-Pacific Journal on Human Rights and the Law

Volume

5

Issue

1

First Page

68

Last Page

82

ISSN

1388-1906

Identifier

10.1163/1571815043075139

Publisher

Brill

Embargo Period

3-29-2022

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1163/1571815043075139

Share

COinS