Right to Strike

Abstract

The right to strike is a universally accepted concept and international labour organisations (ILO) have recognized the right to strike as a fundamental human right for maintaining international labour standards. Nevertheless, in India, it is not a fundamental right, it is a legal right given to the citizens. A strike is when workers choose not to go to work, because they want higher pay or better work conditions. It is one of the ways by which the grievances of the workers can be resolved, but there is an ambiguity in curtailing the right to strike which dithers the workers from going on a strike. There is no law with regard to the right to strike before independence. After the enactment of industrial disputes act 1947, which provides a statutory right to strike and provides the ingredient which constitutes a strike. Article 19(1)(c) gives the right to form an association or union and to go on strike peacefully but with reasonable restrictions. Though it is a legal right, only certain classes of workers can enjoy this privilege. This article focuses on the evolution of the right to strike in India and the purpose of reasonable restriction mentioned in article 19(1)(c) and the difficulty related to such restrictions.