Constitution Bench of Supreme Court of India in Smt. Damyanti Naranga Vs. The Union of India and Ors. (1971) 1 SCC 678 , which had approved the exposition in G.K. Ghose and Anr. Vs. E.X. Joseph (1963) Supp. 3 SCR 789 had held that the right to form an Association was conditioned by the existence of the recognition of the said Association by the Government. It has held that:
“It is not disputed that the Fundamental Rights guaranteed by Article 19 can be claimed by Government servants. Article 33 which confers power on the Parliament to modify the rights in their application, to the Armed Forces, clearly brings out the fact that all citizens, including Government servants, are entitled to claim the rights guaranteed by Article 19. Thus, the validity of the impugned rule has to be judged on the basis that the respondent and his coemployees are entitled to form Associations or Unions. It is clear that Rule 4B imposes a restriction on this right. It virtually compels a Government servant to withdraw his membership of the Service Association of Government servants as soon as recognition accorded to the said Association is withdraw or if, after the Association is formed, no recognition is accorded to it within six months. In other words, the right to form an Association is conditioned by the existence of the recognition of the said Association by the Government. If the Association obtains the recognition and continues to enjoy it, Government servants can become members of the said Association; if the Association does not secure recognition from the Government or recognition granted to it is withdrawn, Government servants must cease to be the members of the said Association. That is the plain effect of the impugned rule.”
(1971) 1 SCC 678
The right to form an Association included the right to its continuance and any law altering the composition of the Association compulsorily will be a breach of the right to form the Association.
Association are generally registered as Societies sometimes also as trusts.
We are also providing services of formation and registration of sports association, an association of apartment owners, registration of an association of apartment owners in Noida, registration of an association of apartment owners in Ghaziabad, registration of an association of apartment owners in Noida. Since, recognition of an association is mandatory by the government, therefore, it is always advisable to consult a societies advocate at the time of registering the association. The Buyer’s shifting to apartments need to form and register an association of apartment owners association.