Law: Nature and Classification (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 60 - 61 of 168

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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: 60 (4 of 5 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

If Parliament enacts a law that requires a trade union to open its membership to all the employees, then

Choices

Choice (4) Response

a.

Such a law would curtail the union members’ right to decide with whom they would like to associate.

b.

The law of the parliament would curtail an individual’s right not to join any association.

c.

Such a law would render the employment contract offered by Gajodhar Pharmaceuticals to Syed Monirul Alam unenforceable.

d.

Such a law would not infringe any fundamental right to freedom of association.

Question number: 61 (5 of 5 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:

Choices

Choice (4) Response

a.

The employment contract infringes Syed Monirul Alam’s freedom to decide with whom to associate and therefore is legally not enforceable.

b.

The condition requiring Monirul Alam to join GMS cannot bind him as it impinges on his freedom not to join any association.

c.

Syed Monirul Alam cannot claim a fundamental right to freedom of association against Gajodhar Pharmaceuticals and therefore, the contract would bind him even though his freedom of association is restricted.

d.

The employment contract offered to Monirul Alam to join GMS is legal as it does not restrict his freedom not to join any association.

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