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
Citation
DAM, Shubhankar.
Strikes through the prism of duties: Is there a fundamental duty to strike under the Indian constitution?. (2004). Asia-Pacific Journal on Human Rights and the Law. 5, (1), 68-82.
Available at: https://ink.library.smu.edu.sg/sol_research/3903
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1163/1571815043075139