The right to organise is not a privilege granted by the state — it is a condition for democracy itself. Trace the evolution of trade union rights in India from the colonial period

Introduction

The right to organise, guaranteed under Article 19(1)(c), is central to democratic participation and labour empowerment. In India, trade union rights have evolved from colonial-era constraints to constitutional recognition, though challenges remain in their effective realization.

Evolution of Trade Union Rights

During the colonial period, trade unions functioned under restrictive conditions, with the Trade Unions Act, 1926 providing limited legal recognition while prioritising industrial stability. After independence, the Industrial Disputes Act, 1947 institutionalised mechanisms for collective bargaining and dispute resolution, reflecting a welfare-state approach. The Constitution further strengthened this framework by recognising the right to form associations. However, post-1991 economic liberalisation shifted the focus towards labour market flexibility. The Industrial Relations Code, 2020 consolidated existing laws but introduced stricter regulations on strikes, union recognition, and layoffs.

Changing Nature of Locus of Union Rights

Judicial interpretation has clarified that Article 19(1)(c) guarantees only the right to form associations, not an absolute right to recognition or collective bargaining. The current legal framework imposes conditions such as thresholds for union recognition, mandatory notice for strikes, and government powers to restrict industrial action. While these aim to ensure industrial peace, they also limit the operational freedom of trade unions.

Contemporary Challenges

The rise of informalisation, contract labour, and gig economy jobs has significantly weakened unionisation. A large proportion of workers remain outside formal industrial relations frameworks, reducing the practical relevance of legal protections. Additionally, declining union density and increased state intervention have constrained collective bargaining power.

Assessment of Constitutional Promise

Although the legal system formally upholds the right to organise, substantive limitations dilute its effectiveness. The gap between constitutional ideals and practical enforcement raises concerns about the erosion of democratic rights within workplaces.

Conclusion

India’s trade union framework reflects a gradual shift from protection to regulation. To truly fulfil the promise of Article 19(1)(c), there is a need to strengthen collective bargaining rights and adapt legal protections to emerging labour realities.