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In this Question Problem Consists of a Set of Rules and Facts. Apply the Specified Rules to the Set of Facts and Answer the Question. in Answering the Following Question - Legal Reasoning

Question

MCQ

In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess. 
Rules 
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 realise 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 Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals. If Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then:

Options

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

  • The legislation would curtail the right of trade unions to strike, and therefore violate freedom of association

  • Since strike is only one of the objectives with which u trade union is fonned, right to strike is not protected by the right to freedom of association

  • None of the above

Solution

Since strike is only one of the objectives with which u trade union is fonned, right to strike is not protected by the right to freedom of association

Concept: Indian Constitution (Entrance Exams)
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