Right to Form Associations: SC Strikes Down Ban on Teachers’ Union in Private Schools
A network of private schools in Tamil Nadu issued a blanket ban on teachers forming a union, calling it “anti-institutional” and “disruptive to discipline.”
But in March 2025, the Supreme Court struck down the ban, declaring it a direct violation of Article 19(1)(c): the right to form associations and unions.
The Case
Teachers had formed a collective to negotiate better leave policy and maternity benefits. The management terminated 12 of them for “attempting to influence internal operations.”
The Court wasn’t amused.
The Judgment
- Private employment doesn’t cancel constitutional rights
- Teachers in unaided schools have the same freedom as any other worker
- Restrictions can be imposed only if they affect public order or national security, which clearly wasn’t the case
“Collective voice is not disruption—it is democracy in action,” the Court noted.
Broader Implications
- Employees in startups, private colleges, and schools now have legal ground to unionize
- Encourages formation of welfare associations across private sectors
- Protects against retaliatory action by private employers
Unity is not rebellion—it’s rights at work. And now, it’s backed by the Supreme Court.
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