CLAT Legal-Aptitude: Questions 138 - 139 of 1066

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Passage

PRINCIPLES

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.

FACTS

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: 138 (3 of 5 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then:

Choices

Choice (4) Response
a.

The agreement would be illegal as it would curtail the union members’ right to decide with whom they would like to associate.

b.

Such an agreement would infringe the union’s right to decide with whom to associate and therefore is legally not enforceable

c.

The agreement would not be enforceable as it would infringe upon the employer’s right not to join an association.

d.

The constitutionality of this agreement cannot be contested on grounds of contravention of fundamental rights as such rights are not applicable to private persons.

Question number: 139 (4 of 5 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

If Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then:

Choices

Choice (4) Response
a.

The legislation would not violate the right to freedom of association.

b.

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.

c.

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

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