“There is no right to strike against the public safety by anybody, anywhere, anytime”
– Calvin Coolidge
Abstract
India is considered to be a nation who has not yet achieved the status of a developed economy but is in the path of development whereby it achieves the prominent status of super world powers in the coming decades. In order to achieve the overall social and economic development of every nation, the role played by the workers and labourers in all sectors are very crucial. Being a democratic nation like India who give predominant and paramount importance to the fundamental rights, a basic misbelief which exists in our society is relating to the “right to strike as a fundamental right.” It is a proven fact that the workers or the employers of many institutions considers the method of strike as their fundamental right as it can be connected to provision enshrined under the Indian Constitution.[1] In the actual scenario, the right to strike cannot be connected with Article 19 (1) (c) of the Constitution since, the constitutional provisions were enacted with a view to protect the rights of the common people who suffer some sort of discrimination or any other problems which will affects their lives badly but if we are looking into the ambit of “strikes” as a method of forming union, it is well evident that through the invocation and calling of strikes, it will affects the public safety and public peace which exists in a society. In addition to the same, such strikes will cause so much hardships to the common public which they will not be able to bear-up. The government is actually having clear cut provisions in the legislations made by the parliament from time to time which specifies that the “leave cannot be considered to be the fundamental right of the employees and workers” because if the employees are taking leaves on their whims and fancies, it will negatively affect the working and effective functioning of the institution which in one way or the other affects the lives of the common people who enjoys the benefits from the same. Likewise, the government and the judiciary through various legislations and judicial pronouncements clearly stated that the right to strike cannot be considered to be a fundamental right but it is only a mere legal right in order to show the protests and opposition towards any particular decision or step taken by the concerned authorities or the employer himself. The main objective of limiting the status of right to strike as a fundamental right is that, at several times, these sorts of strikes will negatively affect the lives of the common people where are they will be subjected to several sort of hardships which is actually acting against the principles of democracy and constitutional morality which is enshrined under the Constitution of India. This research paper critically analyzes the reason for which the right to strike cannot be considered as a fundamental right and how they can intimate the issues faced by them to the concerned authorities and the government.
KEYWORDS: Fundamental Rights, Right to Strike, Labour Laws, Right to Form Associations, Trade Unions, Industrial Workers
Introduction
India is considered to be the largest democratic nation all over the world who is having a predominant role in carrying the true essence and spirit of democracy which must need to be upheld by all the citizens residing in this nation. The Constitution of India is considered to be the lengthiest written Constitution across the world and it not only sets a record based on the length of the Constitution, but at the same time, it is also well known for the extensive set of civil, political and social rights which is being guaranteed to the common people residing in this nation. In a democracy, the major objective underlying the said concept is to uphold the will and interest of the common people which pertains the majority sections of the society. At certain point of time, such will and interest can only be noticed by the government through the representation of the people in one way or the other.[2] The most common way in which the common people try to address their issues and concerns towards the government is through the massive associations or calling of strikes. This is an age-old method to draw and seek the attention of the authorities including the employers as well as the government who can help to restore the pragmatic and pathetic situation faced by the common people who are in actual need of their help. Many nations are subjected to serious sort of strikes and massive protests which itself shatters the entire stability of the nation including the so-called democratic features which exists in that particular nation. From the very olden times, South Africa was one among the whole nations across the globe which had witnessed massive violence and protests in the forms of strikes and violences against the government in order to protect and safeguard the common people residing in that particular nation as well as to develop the spirit of equality and to eradicate the evil-force of discrimination and racism from that nation which paves the way for its early renaissance.[3] South Africa was one among the few nations in the world who fought for independence from the draconian British colonial administration which existed there from time immemorial and to an extent, we can say that, the basic underlying ideology behind the freedom struggle of Indian independence leaded by Mr. M K Gandhi was also being deeply rooted to the African freedom struggles which was also being leaded by the said great leader himself.
While analyzing the importance of massive campaigns such as strikes and other associations, we can draw from the historical perspective that such forms of associations are being taken place in order to represent the voice of the common people or the sufferings which are being witnessed by those underlying sections of the society. Even if such strikes and massive associations as well as protests are an integral part of every democracy and being the largest democratic nation in the world, the influence of such strikes as well as those set of related campaigns are having much more influence in the Indian society rather than rest of the world. In a socialist nation like India where we uphold the government autonomy over the economy in order to achieve the common welfare principle, the role played by the Public Limited Companies, Public Sector Unions and the government departments both including the state as well as the union governments plays a very crucial and vital role in the day-to-day administration of our nation. With the increasing number of government sectors and departments, the strength as well as the number of employees also gets increased which eventually resulted in a tyrannical situation where strikes and massive campaigns started to take place against the employers as well as the government themselves.[4] The government should need to take utmost care and due diligence while implementing laws which regulates the strikes and massive associations as well as campaigns which takes place in such a vast democratic nation like that of India. This is because of the fact that the spirit of democracy lies withing the people who resides in the nation and it is the right of the common citizens to represents themselves and their concerns to the government in a way which is quite acceptable in a democracy and not antithetical to the principles of democratic ideologies. A strike or a massive campaign by any particular person, group of person or even a particular section cannot be wholly considered to be unconstitutional and illegal because from the very commencement of the Constitution itself after India gains independence from the British colonial administration clearly stated that the common citizens residing in this nation is having the right to form association to protest against the laws or matters which the government must need to be looked into.[5] Thus, through the liberal interpretation of law, such forms of massive campaigns or strikes can be considered as a tool to raise the voice of the common people residing in a vast democratic nation like India and the government should not suppress any such voice of democracy in any manner unless and until it becomes a potential threat to the overall social integrity and security of the whole nation which the government is bound to protect at any cost.
Right to Strike: A Fundamental Right?
India is one among the few nations in the world who is having a whopping workforce in all sectors ranging from the normal daily wage workers to the high-profile business magnets who earns millions and millions of dollars in a single day. India being type-casted as a “developing nation” should need to uphold the principles of welfarism not only to the common people residing in this nation but also to the working class of people who works for the overall welfare of the common people residing in this nation.[6] It was a constant conflict among the eminent jurists, political philosophers and the highly qualified academicians as whether to state that the right to strike can be considered as a fundamental right in the nation. This is because of the fact that even the strongest trade union of the government will also claim that the right to strike will be considered as a form of their massive right for free, fair and unrestrictive freedom of speech and massive associations. By standing in the same footing, it is very clear that the right to strike can be considered as one among the most people-centric and public-favored form of protest not only against the government but also against all those circumstances and institutions which in one way or the other curtails the basic fundamental and inalienable rights of the common workers who are residing and doing job in that particular area. If we are focusing on the concept of “stoppage of work” as enshrined under the Industrial Disputes Act of 1947, it can somewhat be consistently connected with the idea of right to free strike and make massive oppressions and the associations against a particular forum including the government who is ruling the concerned area at that particular point of time. The basic ideology behind laying down of such “stoppage of work” is that if most of the employees in a particular firm or venture ceased to work from that profession for quite a long period of time, such refusals will help them to participate in other activities which is being expected by the government as well as the concerned authorities.[7] But if we are deeply analyzing the contemporary political scenario of the nation, such sort of physical strikes especially from any industry or firms is deemed to be with an ulterior motive in order to tarnish the image of the concerned ruling government who actually tries to showcase their benefits as well as achievements of rulings towards the common people.
During many times, the government as well as the judicial wing of the nation clearly stated that the right to strike cannot be considered as a fundamental, basic as well as inalienable and inherent right but it can only be considered as a mere legal right in order to show protest as well as to seek attention from the concerned authorities if they vehemently oppose to accept the policies which are being laid down by the government from time to time. That is the reason why, till now after the 75th year of independence, the strike being one among the largest outreach sessions which standstills the whole democratic structure of the nation does not yet achieve the ultimate approval by the concerned authorities in order to conduct the strike according to the wish of the concerned employees who are being subjected to the concerned government from time to time.[8]
Even from the eighteenth and nineteenth century, the concept of strike was being evolved all over the world in order to fight against the then existing laissez faire leadership and market economy which in one way or the other suppresses the common citizens who are residing in that particular nation. For these oppressed sections, strikes and massive campaigns were considered to be the cheapest and viable way to open the eyes of the employers as well as the concerned authorities who took anti-national and inhuman approaches who are not suitable or in par with the constitutional ideologies as well as the human rights. There comes the role played by the state in order to protect the life of the common people by protecting and safeguarding the rights and liberties which are being vested upon those citizens who are residing in this nation with an outlook to protect and support those people who are really in need of the governmental interferences. Thus, the government must need to take utmost due care and diligence while making laws in order to regulate the affairs which relates to strikes and massive campaigns in the nation across all sectors irrespective of being it as a part of the government or the private entities.[9]
The government employees are always considered to be the one who is being appointed for serving the common public and it is one among the concreate reason for which the British colonial administration coined the term “public servant” instead of the term public employees or the government employees. There is a constant conflict which arises among the political philosophers, legal professions, eminent jurists etc. as to whether the right to strike can be considered as a fundamental right especially when it is being carried out by the government or the government servants who is actually intended and appointed with a nation to serve the general public for the common public good as well as for the total emancipation of the whole citizens in each and every aspect.[10] The basic ideology behind the invocation of such strikes and massive campaigns is to protect the rights of the common citizens who are residing in this nation as well as to conquer the paramount protection which is being given to their life and liberty by the government from time to time.
It is nowhere in the Constitution or any legislative enactments clearly stated that the right to strike can be considered as a fundamental right and even the judicial system has also not widely interpreted in an express or implied manner that the right to strike can be considered as an express form of fundamental rights which can be exercised by the citizens in order to raise the criticisms against the existing democracy as well as to point out the loopholes which are persisting in the so-called democratic liberal nation in the world. The government being the largest democratic one in the whole world is duty bound to protect the true essence and spirit of democracy which must need to be upheld and protected by the common citizens residing in the nation. Even though the strike cannot be considered as an express fundamental right, the government cannot take way, that is, abridge or curtail the basic fundamental freedom to carry a massive campaign or protest against the government in order to address the issue or the concerns which must need to be taken and look after by the government in order to protect the true spirit and essence of democracy which the nation lacks nowadays especially in the contemporary scenario.[11] Thus, the concerned ruling government from time to time shall take adequate care and due diligence while regulating the employees who are supposed to be in a strike or any sort of massive campaigns because the government in no way has the right to suppress the anger and criticisms which are being raised by the oppressed working class unless and until it is being proved that the opposite side is carrying out the strikes or massive campaigns with an ulterior intention to destabilize the true essence and spirit of democracy which must need to be upheld in the Indian society.
Civil Disobedience: A justification for Right to Strike?
The concept of civil disobedience is being enshrined under the constitutional morality as well as the philosophical ideology of our nation dated back to the British colonial era itself were many sorts of punishments and suppressions were being raised by the common people in one way or the other. The idea of civil disobedience was initially propounded by Mr. M K Gandhi during the civil disobedience movement taken place in our nation against the inhumane colonial rule and the oppressed legislative procedures which the then British India faced during the long colonial administration. The civil disobedience movement seeks the attraction of world leaders and prominent human rights activities all over the world at that point of time since it was one among a novel idea to show and mark the protest against the concerned government or the governing authority who rules and guides us, in another way, the concerned government who suppressed the common people from enjoying the fruits of freedom which actually a liberal nation wants.[12] A prominent which comes into the front arena while discussing the ambit of civil disobedience movement is that whether the strikes and massive campaigns as well as associations leaded by the common people against a particular institution or the government themselves can be considered as a justification for the strike which takes place over there. The right to strike by the government employees, including the public servants both in the government departments as well as in the public sector unions and limited companies are not considered to be their fundamental right since if strike is being called out by the said category of working employees, it will negatively affect the life of the general public which is actually against the principle of federalism which must need to be protected in our nation.[13] India being such a vast democratic nation must need to uphold the true spirit and essence of democracy which is being protected and promoted in the nation from time to time and even if several sort of strikes as well as mass representations takes place against the government or any particular institution, it should not in anyway dilute the basic essence and spirit of the democracy which will affects the general public system of the nation.
The government shall thus through the stringent laws and regulations to an extent limit the scope of strike and massive campaigns which are being taken place and initiated by the working class of the section by fulfilling the will and interest of that particular section of the society as well without diluting the principles of democracy and federalism which must need to be protected in a democratic nation like that of India. The government must also need to look after the contemporary scenario where such strikes and associations are the initial starting point for several further conflicts which will deteriorate the basic feature of Indian democracy.[14] The right to strike as well as the right to work can be considered to be the two deteriorating elements which must need to be balanced in an institution in order to make productive outcomes. Being the largest democratic nation in the world, the changing governments who rules the nation from time to time is duty bound to restrict the oppressions and suppressions which are being caused against any particular class or section of the society while at the same time, the government is also duty bound to ensure that the voice of the common people are adequately represented in our nation and their voice are not at all stifled which leads to the strangulation as well as the destabilization of the whole democratic structure of the nation which will curtails and abridges the faith of the people in the truest essence of democracy which is being followed in such a vast democratic nation like that of India. Therefore, the right to work and right to strike should not be weighed in the same footing and it is not at all supplementary and complementary to each other but it can only be considered as an element in which the government should need to maintain a proper balance between the governing system as well as the outcomes or the fruits of benefits which are being enjoyed by the common citizens who are residing in this nation.[15]
The government must need to ensure that the voice of the common people is being heard and adequate responsive measures are also taken in order to properly guide and solve the issues that persists in the democratic nation and the workplace where the employees are working.[16] Thus, the government through the proper implementation of rules and regulations can limit the effect of strike and its impact upon the working class as well as the whole industrial sector if the strikes are being delimited and without the calling off such massive associations or protests, the government can solve the issues which persists in the nation and therefore, the true spirit and essence of democracy will also be protected without having any sort of destabilization and strangulation by the invocation of such strikes or massive associations or protests against the government from time to time.
Right to Strike: A Delusionary Fallacy
The strike is considered to be one among the prominent and successful way in order to show the vigor and disobedience as well as lack of interest and approval towards any particular rule or guideline which is being implemented by the government or the concerned employer from time to time. The employees usually adopt the forum of strike as a massive stage in order to represent their unwillingness and disharmony towards any particular decision which is being implemented by the concerned employer or the government. In a democracy, everyone is having the right to mark their protests against the employer or even against the government, but nowhere expressly or impliedly stated that such disharmony or protests shall be marked only through the way of strike. It is a common fallacy and misconception that the strikes are having a wide-ranging impact upon the concerned authorities including the government or the authorities which we are raising our disharmony to treat and solve the issue in a lightning speed manner.
This is actually a prognostic and pragmatic misbelief because the workers or the normal employees who goes for the strike will think that the pressure given by those employees upon the employers or the government will help them to have a much rapid results but in reality, at most of the times, the strikes will only help to lighten and burn the issues more seriously rather than finding an amicable solution within a short span of time.[17] The government should need to take adequate care and due diligence while handling the matters relating to strikes and massive protests especially which are being raised by a particular section of the working class, be it the government servant or the normal private working class or the daily wage workers, the strikes or the form of massive protests which is being upheld by such group of people will have along lasting drastic effect upon the industry as well as the whole sector which is actually associated with the said matter. It shall be the duty of the government to look after the matters relating to the proper administering and enforcement of the rights and welfare mechanisms which must need to be ensured to the common people for the protection of their rights and interests as well.[18] The changing governments from time to time must need to take adequate and proper initiatives in order to implant in the minds of the common people that the strikes in no way helps to solve the issues in an amicable manner but it will only lighten the issue with much more vigor and essence which will ultimately led to a situation where there will be a full of chaos and disharmony.[19]
Thus, it is the duty of the government to look after the said matter and from time to time, with adequate and prompt response, the government shall take stringent and concreate measures in order to provide maximum welfarism to all the people who are in that particular profession and it shall not in any way curtails or abridges the basic rights of the people who are residing in this nation.[20] It shall be the duty of the government to look after and protect the piece and harmony which must need to exist in the whole nation and no forms of disharmony shall be entertained in any manner by the government even to meet the ulterior political motives as well as malicious agendas which the government plays from time to time in order to meet the so-caller party politics which is actually considered to be the major curse which the nation suffers till now even after it is being considered to be the largest democratic nation who provides sufficient liberty and welfare rights towards the common people residing in this nation.[21] Thus, within the due course of time, the government must need to take proper and adequate measures with due care and diligence in order to limit the devastating effect of strikes and massive protests which takes place in our nation from time to time. The government should need to propose amicable solutions and dispute settlement mechanisms in order uphold the principles of welfarism and democratic values must also need to be protected in our society rather than protesting against the existing system of the nation with a view to destabilize and disintegrate the true spirit and essence of democracy which the nation upholds from time to time and the government is also having the duty to protect the same under any circumstances in order to protect the basic crux of Indian democracy.
The Right to Strike and Constitutional Philosophy
The Constitution of India is well known for its elaborative and descriptive style of writing across the globe and not only for its method of writing, but also for the individual rights and liberties which is being given to the citizens of this nation by the Constitution of India makes it a unique one from other well-written Constitutions of different nations.[22] The constitutional philosophy itself promotes the idea to raise criticisms against the government or the concerned authorities by representing the voice of the common people which is considered to be the backbone of the largest democratic nation in the world. The role of the government to protect the basic ideology of democracy as well as the constitutional values and morality which is enshrined under the Constitution is very much important while upholding the principles of democracy and the ideology of the federalism as well. If we are closely analyzing the matters relating to the strike and massive protests which takes place against the government, it is actually the protests by the common people to raise criticisms against the government by showcasing the oppressions as well as the suppressions which are being raised in between the governance and the governing structure and at most of the times, there will not be an amicable solution towards the issue which itself can be considered as a greatest threat to the democratic principles which is even being followed in our nation from time immemorial.[23]
The history of Indian independence itself shows the spirit of the common people residing in the nation to fight against the age-old apathy and feudal system which exists in the nation with the such sort of discrimination and inequalities which was there in practice and was considered to be one among the worst social-evil practice which India continues for a long time even after the nation gains independence from the British colonial administration in the year 1947. At those point of time, the biggest weapon that the leaders of our freedom struggle used was the representative criticisms which are being raised against the then British government and the iconic civil disobedience movement where all the existing notions of protests and civil unrests were shattered for the very first time in a democratic nation like India.[24] The strike and protests are not fully antithetical to the principle of democracy because the democracy itself upholds the principle of freedom and liberty which must need to be protected by the common people residing in the nation and such democratic spirit and essence shall guide the government to look after the welfare of the citizens residing in this nation by upholding their civil rights and other personal liberties. The government must need to take proper care and due diligence while implementing certain laws and regulations in order to uplift the spirt of democracy and it should not in anyway abridges or curtails the rights of the common citizens who are residing in our nation. The constitutional philosophy behind any form of protest including the strikes and other forms of massive associations is to represent the voice of those people who are against certain ideologies and that section of the society, either miniscule in nature or having a much wider reach, to disobey what is being stated by the government or the concerned authority upon which the protest or the said revolutionary mass association takes place. It is very much important for the government to look after the matters relating to the overall social as well as the economic development of the nation which in turn results in the concept of social welfarism and total emancipation of the common people residing in the nation.[25] Thus, in order to achieve the true spirit and essence of democracy, the right to strike can be analyzed in another way which seems to be more constructive in nature and helps to attain the true essence for which the strike may takes place.
The changing government from time to time must need to look after the existing laws of the nation with respect to the rules and legislations which is being enacted in order to protect the general and public interest as well as the welfare of the common people. The right to strike thus should not be considered as a fundamental right but the basic right to protest and raise criticism against the government must need to be protected and uphold by the government themselves since it is considered to be one among the cardinal principle and bedrock upon which the constitutional morality and philosophy of our nation lies from time immemorial even from the very beginning of the democratic governance.[26] Thus, the government should need to take adequate care and due diligence while implementing laws and regulations in order to conduct and regulate strike which is considered to be one among the very basic right which is being associated with the citizens residing in this nation even though we have no such right in an express form.
Conclusion
The basic ideology of every democracy is to protect the will and interest of the people thereby helps to attain the principle of common welfarism and collective good. The people residing in a democratic nation is having every right to criticize the government if the governing system is not functioning in an adequate way. The said right vests with the people which must need to be protected by the changing government from time to time and such collective rights will be typecasted as the notions against the ruling government. The voice of the common people cannot be suppressed to a wider extent and at some point of time, their voices will be resonated upon the basic cardinal rules of democracy and at that point of time, the government or the concerned authorities will not be able to stifle the voices of the common people. The most severe and widely accepted form of raising criticisms against the government or to make representations towards the government is the widely accepted phenomenon of strikes or massive protests which takes place in the nation upon various level of people who are engaged in such activities.[27] These sorts of massive representations cannot be considered as a threat to the democratic governance system since it is the crux of the democracy to showcase the spirit and representation of the common people as well as to raise their voice towards the government in order to meet their required interests which will help to attain the general public interest as well as the common public good which will help to attain the overall welfare of the nation.
The government is duty bound to ensure that the rights of the citizens are being upheld by the concerned governing system of the nation and their voices are being adequately represented in order to have an amicable solution and suitable proposal for the problems and issues which are being raised by the common people who are residing in this nation. The strikes and massive protests can thus be considered as a way to represent their ill-willingness and protests against the government or the ideologies of the government by the common people. Even though strikes cannot be considered as a fundamental right, it can be considered as a medium for representing the voice of the common people in order to showcase the problems which are being faced by them from time to time. Thus, in such a vast democratic nation like India, the government must need to take enough precautionary measures in order to protect the basic ideology of democracy and principles of federalism underlying in our Constitution and the government must also need to take the effective efforts in order to highlight the will and interest of the common people residing in this nation by proposing adequate and amicable solutions for the problems and counter barriers which came across the in the daily lives of the common people residing in this democratic nation.
[1] INDIA CONST. art. 19, cl. (1) (c)
[2] C L Sharma, State of Democracy in India, The Indian Journal of Political Science, Indian Political Science Association, Vol. 67, No. 1, pp. 9-20 (2006)
[3] Ernest Manamela and Mpfari Budeli, Employees’ right to strike and violence in South Africa, The Comparative and International Law Journal of Southern Africa, Institute of Foreign and Comparative Law, Vol. 46, No. 3, pp. 308-336 (2013)
[4] Anne M Ross, Public employee unions and the right to strike, Monthly Labor Review, Vol. 92, No. 3, pp. 14-18 (1969)
[5] Rajeev Bhargava, The right to protest in a free society, THE HINDU, <https://www.thehindu.com/opinion/op-ed/the-right-to-protest-in-a-free-society/article30618223.ece> (Jan. 22, 2020 12:15 am IST)
[6] Suzan Hazra, Employment in India’s Organised Sector, Social Scientist, Vol. 19, No. 7, pp. 39-54 (1991)
[7] Sandeep S Desai, Right to Strike: A Conceptual and Contextual Anathema, Journal of the Indian Law Institute, Indian Law Institute, Vol. 47, No. 2, pp. 224-234 (2005)
[8] R K Vij, No fundamental right to strike, THE HINDU, <https://www.thehindu.com/opinion/op-ed/no-fundamental-right-to-strike/article35732405.ece> (Aug. 05, 2021 12:15 am)
[9] B P Rath and B B Das, Right to Strike: An Analysis, Indian Journal of Industrial Relations, Shri Ram Centre for Industrial Relations and Human Resources, Vol. 41, No. 2, pp. 248-260 (2005)
[10] The Hindu Bureau, No constitutional protection for State govt. employees participating in a general strike, rules Kerala HC, THE HINDU, <https://www.thehindu.com/news/cities/Kochi/no-constitutional-protection-for-state-govt-employees-participating-in-a-general-strike-rules-kerala-hc/article66342679.ece> (Jan. 05, 2023 08:59 pm IST)
[11] John F Burton, Jr. and Charles Krider, The Role and Consequences of Strikes by Public Employees, The Yale Law Journal, The Yale Law Journal Company, Inc., Vol. 79, No. 3, pp. 418-440 (1970)
[12] K C Sunny, Right to Civil Disobedience: Is it Justification for Strike by Government Servants? Journal of the Indian Law Institute, Indian Law Institute, Vol. 50, No. 4, pp. 678-698 (2008)
[13] Rajeev Dhavan, Arguments, Protests, Strikes and Free Speech: The Career and Prospects of the Right to Strike in India, Social Scientist, Vol. 34, No. ½, pp. 21-69 (2006)
[14] Staff Reporter, Strike a fundamental right of employees: Jayarajan, THE HINDU, <https://www.thehindu.com/news/national/kerala/strike-a-fundamental-right-of-employees-jayarajan/article65270010.ece> (Mar. 29, 2022 06:29 pm IST)
[15] Brian Smart, The Right to Strike and the Right to Work, Journal of Applied Philosophy, Wiley, Vol. 2, No. 1, pp. 31-40 (1985)
[16] The Hindu Bureau, Respect the right to protest, says Kerry, THE HINDU, <https://www.thehindu.com/news/national/Respect-the-right-to-protest-says-Kerry/article60526878.ece> (Aug. 31, 2016 11:59 pm IST)
[17] Richard G Davis, Governmental Employees and the Right to Strike, Social Forces, Oxford University Press, Vol. 28, No. 3, pp. 322-329 (1950)
[18] John Hendy, Focus: In Defence of the Right to Strike, International Union Rights, The Right to Strike, International Centre for Trade Union Rights, Vol. 20, No. 2, pp. 17-18 (2013)
[19] Merton C Bernstein, Alternatives to the Strike in Public Labor Relations, Harvard Law Review, The Harvard Law Review Association, Vol. 85, No. 2, pp. 459-475 (1971)
[20] Cristian Pérez Muñoz, Essential Services, Workers’ Freedom, and Distributive Justice, Social Theory and Practice, Florida State University Department of Philosophy, Vol. 40, No. 4, pp. 649- 672 (2014)
[21] Daniel Blackburn, The right to strike is protected under international law, Socialist Lawyer, Pluto Journals, No. 70, pp. 6-7 (2015)
[22] Graham Gee and Grégoire C N Webber, What Is a Political Constitution? Oxford Journal of Legal Studies, Oxford University Press, Vol. 30, No. 2, pp. 273-299 (2010)
[23] Ernest A Young, The Constitution outside the Constitution, The Yale Law Journal, The Yale Law Journal Company, Inc., Vol. 117, No. 3, pp. 408-473 (2007)
[24] Sunil Khosla and M M Semwal, Human Rights Jurisprudence in Indian Constitution Right to Equality and Life: Concept and Substance, The Indian Journal of Political Science, Indian Political Science Association, Vol. 72, No. 4, pp. 927-936 (2011)
[25] I Mallikarjuna Sharma, Right to Strike, Journal of the Indian Law Institute, Indian Law Institute, Vol. 46, No. 4, pp. 522-533 (2004)
[26] K R Shyam Sundar, A hardhanded response that strikes at the root of rights, THE HINDU, <https://www.thehindu.com/opinion/op-ed/a-hardhanded-response-that-strikes-at-the-root-of-rights/article66676508.ece> (Mar. 30, 2023 12:16 am IST)
[27] Jorge Andrés Leyton García, The Right to Strike as a Fundamental Human Right: Recognition and Limitations in International Law, Revista Chilena de Derecho, Pontificia Universidad Católica de Chile, Vol. 44, No. 3, pp. 781-804, (2017)