Article 19 and Freedom of Association

Article 19(1)(c) guarantees every citizen the freedom to form associations, unions or co-operative societies. It protects voluntary collective organisation for lawful purposes, including the ability to preserve an association's identity and membership structure, subject to constitutionally permitted restrictions.

Content and scope of the freedom

The guarantee belongs to citizens, who may collectively establish and continue an association. In Damyanti Naranga v. Union of India (1971), the Supreme Court held that the freedom would be ineffective if the State could fundamentally alter an association by imposing members upon it.

• The protection covers associations formed for political, social, cultural, economic and other lawful purposes.
• The 97th Constitutional Amendment Act, 2011 expressly added co-operative societies to Article 19(1)(c).

Limits of the guarantee

Under Article 19(4), the State may impose by law reasonable restrictions in the interests of the sovereignty and integrity of India, public order or morality. The restriction must have a rational connection with one of these specified grounds and satisfy constitutional standards of reasonableness.

• The right to form an association does not automatically guarantee recognition, achievement of every object, collective bargaining or a right to strike.
• The State may regulate an association's activities through valid laws, but regulation cannot destroy the protected freedom of association itself.

Judicial protection

In State of Madras v. V.G. Row (1952), the Supreme Court treated the reasonableness of restrictions as a matter for judicial review, considering factors such as the right affected, the restriction's purpose, its extent and the prevailing conditions.