All nations do not ratify all the conventions. This article will just zero in on the specific nation profile of India. The Centre of Indian Trade Unions [‘CITU’] had approached the International Labour Organization [‘ILO’] and to rescind the Essential Defence Services Act, 2021, claiming breach of the fundamental convention of ILO.
INTRODUCTION
In 1919 the Allied forces, exhibited “ recognition on the principle of freedom of association” in part XII(labour) of the Treaty of Versailles, which turned into the Constitution of the International Labour Organisation(ILO). Almost after thirty years, in 1948, the ILO embraced the milestone Convention Concerning Freedom of Association and Protection of the Rights to Organize (No.87). Article 2 of C.87 includes workers and empowers the right to permit potent participation of non-state actors in economic and social policy, lying at the core of democracy and rule of law. Clinching those employers and workers have a voice and are represented is, therefore, crucial for the effective working of work showcases as well as of general administration structures in a country.
The right of employers and workers to form and join associations fitting their very own preference is an essential element of a free and open society. By and large, these associations have assumed a critical part in their nations’ majority rule change. The ILO is regularly occupied with advancing freedom of association from encouraging governments on work enactment to facilitating education and training for trade unions and employer groups.
INDIA’S APPROACH TOWARDS ILO
India one of the founding member countries of the ILO, has also been a permanent member of the ILO Governing Body since 1922. In India, the main ILO Office was operationalized in 1928. The decades of fruitful organization between the ILO and its constituents have mutual faith and trust as hidden standards and is grounded in building supported institutional limits and fortifying limits of accomplices. India has only ratified six out of the eight-core/fundamental ILO conventions and has not ratified the two core/fundamental conventions, namely Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
Analysing through the Government’s Stance
The basic assessment of the fundamental reasoning is perhaps the best method to pass judgment/survey the public authority’s choice/reservation. Article-2 of the Convention 87 presents to all labourers and businesses, without qualification, a right to affiliation, a right to organize themselves. There could be no greater method to comprehend the contrast between International Standards and local laws than by real contentions. In cases where complaints are filed before the International Labour Organization for the suggestion of international norms, the distinction of laws could be perceived. The bone of conflict for not signing this Convention 87 has been this obliteration of a distinction between a government worker and other workers, all things considered, and the principal justification for non-ratification of ILO Conventions No.87 and 98 is because of some limitations imposed on the government workers.
The ratification of these conventions would include giving of specific rights that are prohibited under the statutory rules, for the government workers, in particular, to openly criticize government strategies, the right to strike, to freely join foreign associations, to openly acknowledge a monetary commitment, and so forth. The government firmly contends that such right to association can’t be ensured to public servants basically to ensure authoritative control/discipline and empowering legitimate recognition of public duties. Nonetheless, it has neglected to build up a general/direct/sensible nexus between perceiving such right of the employees and the discipline among, and the proficiency of, the members from the said association in their particular working domain. Indian judiciary has been striking down the government conduct rules requiring government workers to join or continue to be a member of a recognized association or imposing some other restriction in violation. This depicts the government’s stand as a delusion.
ANALYSING THROUGH CONSTITUTIONAL LENS
Freedom of Association is guaranteed under Article 19 (1)(c) of the Constitution of India to “all citizens” including civil servants as well. It becomes pertinent to note here that fundamental rights are placed on a higher pedestal than the constitutional rights. However, these fundamental rights are subjected to restrictions like sovereignty, public order and morality. The contours of and scope of exercise of such freedoms enshrined under Article 19 of the Constitution is inevitable.
All India Bank Employees’ Association v National Industrial Tribunal & Ors, laid down that certain rights are embedded and covered under the ambit of Article 19(1)(c) of the Indian Constitution which is available to all the members of trade unions. These are as follows:
RIGHT TO MEET
Right to discuss and debate the issues and further put forward different views and opinions.
Right to hold property
Government servants devoid of the right of association are unable to avail the above stated rights.
Jurisprudential Analysis
Prof. Hohfeld’s in Theory of Jural Relations had rightly opined that rights and duties are jural correlatives. Correlatives essentially mean legal interests which can be employed to two separate legal entities tied by a legal relationship. It reads that if a person has the right, there exists a corresponding duty upon the other individual, so that right can be legally mandated at the expense of the person who owes the duty. Now, putting this in the perspective of the current debate, the right to associate and meet public, government servants is to be assured by the Government. Corresponding to the fundamental right, it is the duty of the government to ensure that fundamental rights are accessible to all citizens.
Conclusion
Convention 87 is known for its authoritative power and law on freedom of association. Additionally, the International Covenant on Civil and Political Rights explicitly states the right to freedom of association. The grievance redressal mechanism and matrix of ILO instruments are more robust than the ICCPR. Hence, it is more rational to ratify the Convention as India is already a party to ICCPR and will be bound by related provisions.
An age- old proverb goes like “ Union is Strength”. The manifestation of this strength must not dominate the formation of unions which is a matter of civil right and should be accessible to every employee.
India one of the founding member countries of the ILO, has also been a permanent member of the ILO Governing Body since 1922. In India, the main ILO Office was operationalized in 1928. The decades of fruitful organization between the ILO and its constituents have mutual faith and trust as hidden standards and is grounded in building supported institutional limits and fortifying limits of accomplices.
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