Principle: The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by state even by a law. For violation of this, the person adversely affected by the law may approach the High Court or the Supreme Court for the issuance of an appropriate writ. One of these rights includes the freedom to form association that implies the right to join an association or not to join such an association. Facts: Owing to some industrial disturbances created by XATU, one of the several trade unions in AB Chemicals (Pvt) Ltd., the Company issued a circular to all its employees that as far as possible the employees may disassociate with XATU. Navin is an employee of AB Chemicals and the current General Secretary of XATU. Aggrieved by this circular, which affected the fundamental rights of his and other members of the Union, approaches the High Court of the state for a relief. Identify the most reasonable legal proposition. (Answer the question after reading the following paragraph.)

This Question consists of legal proposition(s)/ principle(s) (hereinafter referred to as ‘principle”) and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the most reasonable conclusion’ arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.

Option A: The Company’s circular is illegal and has to be quashed by the Court.

Option B: The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.

Option C: Circular issued by a Company amounts to law in the constitutional sense and hence the High Court can issue a writ as pleaded for by Navin.

Option D: The circular interferes with the freedom guaranteed by the Constitution and hence the High Court can issue an appropriate writ.

Correct Answer

Option: b

Explanation

State can impose reasonable restriction on the fundamental rights of any citizen under Article 19 (2) of the Constituion of India.

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

THE HINDU MARRIAGE ACT, 1955 (PAPER -3 Q. NO. 51 TO 75)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 10 Q. NO. 361 TO 400)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 15 Q. NO. 491 TO 525)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 11 Q. NO. 401 TO 440)

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 12 Q. NO. 386 TO 420)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 11 Q. NO. 351 TO 385)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 06 Q. NO. 176 TO 210)

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