Freedom of association: your right to form unions and groups

Farmers form cooperatives, workers form unions, residents form welfare associations, and friends start clubs or NGOs. The Constitution protects your right to come together like this. This guide explains what the right covers, how to register a group, and what to do when someone tries to stop you.

What the Constitution says

Art 19(1)(c) gives every citizen the right "to form associations or unions or co-operative societies". Cooperatives were added by the 97th Amendment in 2011. Courts have read the right to include starting a group, joining one, staying in it, and also the freedom not to join. In Damyanti Naranga v. Union of India (1971), the Supreme Court held that a law cannot force new members into an association against the wishes of its existing members, because that changes the very group they chose to form.

The State may restrict the right only through a law that is reasonable and rests on the grounds in Art 19(4): the sovereignty and integrity of India, public order, or morality. Courts examine whether a restriction is really needed and whether it goes further than necessary.

What the right does not include

• No automatic right to strike or bargain. In All India Bank Employees' Association v. National Industrial Tribunal (1962), the Supreme Court held that the right to form a union does not carry with it a fundamental right to collective bargaining or to strike. Those rights come from ordinary labour laws and can be regulated. In T.K. Rangarajan v. Government of Tamil Nadu (2003), the Court said government employees have no fundamental right to strike.
• Armed forces and police. Under Art 33, Parliament can restrict this right for members of the armed forces, police and similar services.
• Unlawful associations. A group declared unlawful under the Unlawful Activities (Prevention) Act, 1967 cannot be joined or supported; membership can be an offence. The declaration itself must go before a tribunal and can be challenged.

Trade unions under the Industrial Relations Code

The Industrial Relations Code, 2020 replaced the Trade Unions Act, 1926, the Industrial Disputes Act, 1947 and the Standing Orders Act, 1946. It was brought into force on 21 November 2025, so some state rules are still new. Key points:

• Registration. Seven or more members can apply to the Registrar of Trade Unions in your state, with the union's name, rules, address and office-bearers. The union must have at least 10 per cent of the workers of the establishment or industry, or 100 workers, whichever is less, as members on the date of application.
• Negotiating union. If there is only one registered union in an establishment, the employer must recognise it as the sole negotiating union. If there are several, the one with 51 per cent or more of the workers as members is recognised; otherwise a negotiating council is formed from unions with at least 20 per cent membership.
• Strikes. Workers in any industrial establishment must give at least 14 days' notice before a strike; the notice is valid for 60 days. No strike is allowed during conciliation or while a case is before a tribunal.
• Protection. Punishing a worker for joining or forming a union is an unfair labour practice under the Code. Complaints go to the conciliation officer and, if unresolved, to the Industrial Tribunal.
• Refusal of registration must be in writing with reasons, and the Code provides an appeal to the Tribunal.

Rules under the Code are made by both the Centre and the states, so forms, fees and timelines vary; check your state labour department's website.

Other ways to register a group

• Society. Seven or more persons can register under the Societies Registration Act, 1860 or the state society law, with a memorandum (name, objects, governing body) and rules. Apply to the Registrar of Societies of your state or district. Fees are small and vary by state.
• Trust. Used mostly for charity. Created by a trust deed, registered with the Sub-Registrar; some states have a Charity Commissioner who must also register it.
• Cooperative society. Registered with the Registrar of Cooperative Societies under the state cooperative law, or under the Multi-State Co-operative Societies Act for groups across states.
• Section 8 company. A not-for-profit company under the Companies Act, 2013, registered online with the Ministry of Corporate Affairs. More paperwork, suited to larger NGOs.

Receiving foreign donations needs separate registration under the Foreign Contribution (Regulation) Act, 2010; do not accept foreign funds without it.

Step by step: if your right is violated

1. Write it down. Dates, names, what was done, and copies of notices, transfer orders, messages or dismissal letters.
2. At work: complain in writing to the employer first, then to the labour department's conciliation officer. File the complaint on samadhan.labour.gov.in for central-sphere establishments or with your state labour office.
3. At the registrar: if registration is refused or delayed, ask for the reasons in writing and use the appeal under the relevant Act. Keep the acknowledgement of your application.
4. Against the State: if police or officials stop a lawful meeting, deny permission without reasons or target your group, a writ petition in the High Court under Art 226 is the remedy.
5. Get help. Call 15100 for free legal aid, especially if you are a daily-wage or contract worker.