1. Introduction
A group organized for the pursuit of an interest or collection of interests in common is what an association is. Humans, therefore, have various interests, and to pursue them, they form various associations. There isnt a single organization that can cater to every persons interests.
An association in sociology is a grouping of several entities created to express shared interests. An association serves as a unifying body (an interest group) to advocate for the interests of all of its associated members (organizations). These might include natural persons like people or social groupings, but they can also include legal entities like associations or sub-associations, regional authorities of a state, and other self-governing organizations.
Associations usually have their own governance law (statute), structural framework, and unifying, long-term objectives. In interactions with the government and other interest organizations, they speak for the members interests.
Max Weber states that Association should mean a social relationship that is restricted or closed to the outside, if the behaviour of certain people guarantees the maintenance of its order, specially adjusted to its implementation: a leader and, possibly, an administrative staff, which, if necessary, usually also has powers of representation.[1].
2.Association in constitution provisions
Article 19(1)(c) of the Constitution of India guarantees to all or any its citizens the proper to make associations and unions under clause (4) of Article 19, the state may by law impose reasonable restrictions on this right in the interest of public order or morality or the sovereignty and integrity of India. the proper to make associations or unions features a very wide and varied scope including all kinds of associations viz., political parties, clubs, societies, companies, organizations, entrepreneurship, trade unions, etc. It thus includes the proper to make companies, societies, partnerships, and trade unions. This text will deal with Article 19(1) (b) and (c) and its reasonable restrictions.
3.Reasonable Restriction
Like any other Fundamental Right under Article 19, the proper to the association is additionally not absolute and is subjected to regulation in social interest. Article 19(4) specifically empowers the state to form any law to fetter, abridge, or abrogate any of the rights under Article 19(1) (c). Clause (4) empowers the state to impose reasonable restrictions on the exercise of Right to make Association, in the interest of the sovereignty and integrity of India, Public order and Morality,
Essential Elements of Restriction
1. It is often imposed only by the authority of law.
2. The restriction must be Reasonable.
3. The restriction must be associated with the aim specifically mentioned in Clause 4.
4. Judiciary has the facility to check the validity of those Restrictions on two grounds: whether the restriction is cheap, and whether it is for the aim mentioned in the clause under which the restriction is being imposed.
4. Cases
1. Anuradha Bhasin vs Union Of India on 10 January, 2020
The Honble Court began by stating that in the light of facts of this case, the objective of this Court is to strike a balance between the liberty of citizens and security concerns so that the right to life and personal liberty is secured and enjoyed in the best possible manner and leave the propriety of the orders at issue for democratic forces to act on.[2].
2. Ramkrishna v. President ,District Board
Nellore, a Government order requiring municipal teachers not to join unions other than those officially approved was held to impose prior restraint on the right to form association and union, which was in the nature of administrative censorship, and hence invalid.
5. Conclusion
Therefore, it can be concluded that these associations, clubs, groups and other organizations do indeed play a big role in an individuals life. They also play a serious part in determining his perception and persuade him to possess a broader vision and a widened approach towards everything happening in society. The Constitution ensures that no citizen residing within the territorial jurisdiction of the country is bereft of this right granted under Art 19(1) (c). But at an equivalent time, it is that the duty of the citizens to make sure that in the due course of formation of a specific association also as during the time span of the membership, harmony, discipline and order continues to continue the society. It is important to require into consideration that an equivalent does not produce to breach of public peace. Its also necessary that the formation or participation and even continuation of those different associations dont act as a barrier or an obstacle in the progress and development of the country. If in the least the goal or the motive of the people engaged in them is evil or ulterior an equivalent will end in causing an imbalance in the democratic system. Itll also pose a threat to the welfare and well-being of the people in the country.[3].
6. Citation
[1]. Association Definition Explanation | Sociology Plus https://sociology.plus/glossary/association/ (last visited on 15/12/2023).
[2]. Case Brief: Anuradha Bhasin v Union of India (lawbhoomi.com) https://lawbhoomi.com/case-brief-anuradha-bhasin-v-union-of-india/(last visited on 15/12/2023).
[3]. Freedom of Association (legalservicesindia.com) https://www.legalservicesindia.com/article/2302/freedom-of-association.html (last visited on 15/12/2023).
