The right to form an Association is conditioned by recognition by the Government

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if the Association does not secure   recognition   from   the   Government   or   recognition granted to it is withdrawn, Government servants must cease to be the members of the said Association.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.

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