Recently, the Minister of Defence introduced the Essential Defence Services Bill, 2021, in the Lok Sabha. It seeks to empower the government to declare services mentioned in it as \u201cessential defence services\u201d and prohibit strikes and lockouts in any industrial establishment or unit engaged in such services.<\/span><\/p>\n The objective behind its introduction is to augment the security of the nation and ensure a continuous supply of defence equipment for the forces. However, it has drawn criticism by the employees of ordnance factories who consider it as a step to curtail their rights and deteriorate their service conditions.\u00a0<\/span><\/p>\n The bill seeks to replace the Ordinance promulgated in June 2021. <\/span>It allows the central government to prohibit strikes, lock-outs, and lay-offs in units engaged in the production of essential defense services.\u00a0\u00a0<\/span><\/p>\n The right to strike is a statutory and a legal right,<\/strong> however, the Supreme Court has reiterated in its various judgements that it cannot be said to be a fundamental right.<\/p>\n There is no fundamental right to strike under <\/a>Article 19(1) of the Constitution<\/strong>. However, it includes the fundamental right to protest, the right to form associations, and trade unions.<\/p>\n The right to strike has been recognised under the Industrial\u00a0Disputes Act, 1947<\/strong>, as a legal right. However, the act differentiates between a \u2018legal strike\u2019 and an \u2018illegal strike\u2019 under section\u00a024. The act defines certain conditions, to go for a legal strike.<\/p>\n Other than that, the Trade Unions Act, 1926<\/strong> also recognises the right to strike. It confers immunity from civil liabilities upon the trade unions, under sections 18 and 19.<\/p>\n Right to strike empowers labour against powerful public corporate bodies. However, national security can also not be compromised. Thus, the government should find a way to balance labour rights and national security.<\/span><\/p>\n Source<\/b>: <\/span>The Indian Express<\/span><\/a> and\u00a0The Hindu<\/span><\/a>, PRS<\/a> \u00a0<\/span><\/p>\n Terms to Know:<\/strong><\/p>\n Introduction Recently, the Minister of Defence introduced the Essential Defence Services Bill, 2021, in the Lok Sabha. It seeks to empower the government to declare services mentioned in it as \u201cessential defence services\u201d and prohibit strikes and lockouts in any industrial establishment or unit engaged in such services. The objective behind its introduction is to… Continue reading Essential Defence Services Bill, 2021 and Right to Strike – Explained, pointwise<\/span><\/a><\/p>\n","protected":false},"author":10322,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[130,9],"tags":[],"class_list":["post-124360","post","type-post","status-publish","format-standard","hentry","category-7-pm","category-public","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/124360","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10322"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=124360"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/124360\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=124360"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=124360"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=124360"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}About the Essential Defence Services Bill, 2021<\/b>:<\/span><\/h5>\n
Key features of the Bill include<\/b>:<\/span><\/h5>\n
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Present status of the right to strike<\/b>:<\/span><\/h5>\n
Judgements and provisions related to the right to strike\u00a0<\/strong><\/h5>\n
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Need of the bill<\/b>:<\/span><\/h5>\n
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Issues with the bill<\/b>:<\/span><\/h5>\n
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Suggestions<\/b>:<\/span><\/h5>\n
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Conclusion\u00a0<\/b><\/h5>\n
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