CLAT Legal-Aptitude: Questions 135 - 137 of 1066
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Question number: 135
Appeared in Year: 2012
The Right to Equality is guaranteed by-
Article 14 to 18
Article 14 and 15
Article 14, 15 and 16
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realize the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.
Question number: 136 (1 of 5 Based on Passage) Show Passage
Appeared in Year: 2011
If Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then:
The legislation would not violate the right to freedom of association.
Since strike is only one of the objectives with which a trade union is formed, right to strike is not protected by the right to freedom of association.
The legislation would curtail the right of trade unions to strike, and therefore violate freedom of association.
|d.||Question does not provide sufficient data or is vague|
Question number: 137 (2 of 5 Based on Passage) Show Passage
Appeared in Year: 2011
If Parliament enacts a law which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, then:
Such a law would merely govern private action to which fundamental rights do not apply.
Such a law would not curtail any individual’s right to freedom of association.
Neither the employment contract, nor the law of the parliament would be enforceable as they would curtail the freedom of association.
The law of parliament would violate an individual’s freedom not to join any association and therefore be unconstitutional.