Right to Strike a Fundamental Right or an Abstract

Abstract

The right to strike has long been a contentious issue at the intersection of labour rights, constitutional law, and social justice. This research paper delves into the complex question of whether the right to strike should be recognized as a fundamental right. Drawing from an extensive review of legal frameworks, historical precedents, and international perspectives, this paper examines the evolving nature of the right to strike and its significance in contemporary society. The paper explores the historical context of labour movements and the development of the right to strike as a means of collective bargaining and expressing worker grievances. It critically analyses constitutional provisions and judicial decisions in various countries, highlighting the differing stances on recognizing the right to strike as a fundamental right. Additionally, it considers the impact of globalization, technological advancements, and changing labour dynamics on the relevance and scope of this right. Furthermore, the research paper investigates the ethical and social implications of acknowledging the right to strike as fundamental, including its potential to protect workers' dignity, freedom of association, and fair labour practices. It also examines the challenges and limitations associated with the exercise of this right, such as balancing labour interests with broader societal interests and ensuring the rule of law. By offering a comprehensive overview of the right to strike, this paper contributes to the ongoing discourse on fundamental rights in the modern world. It underscores the importance of addressing the complexities surrounding this right, ultimately aiming to inform legal and policy discussions and foster a deeper understanding of its role in shaping equitable labour relations and social justice.