Article 19(1)(c) is a fundamental right provision in the Constitution of India, guaranteeing to all citizens the Right to form associations or unions or co-operative societies. This right is a core component of the Right to Freedom enshrined in Part III of the Constitution. It was created when the Constitution was adopted on January 26, 1950, to ensure citizens could collectively pursue common goals, which is essential for a democratic society.
The provision works by allowing citizens to form various bodies, including political parties, clubs, societies, companies, and trade unions, for any lawful purpose. However, this right is not absolute; Article 19(4) permits the State to impose reasonable restrictions on its exercise in the interests of the sovereignty and integrity of India, public order, or morality. The Supreme Court, in Damyanti v. Union of India (1971), held that the right to form an association implies the right to continue the association with only those members voluntarily admitted.
A significant change occurred with the 97th Constitutional Amendment Act, 2011, which inserted the words "or co-operative societies" into Article 19(1)(c), elevating the right to form co-operative societies to a fundamental right. This amendment also introduced Article 43B in the Directive Principles of State Policy, promoting the autonomous functioning of co-operative societies, and added Part IX-B (Articles 243-ZH to 243-ZT) to the Constitution, which provides a framework for their governance. While the Supreme Court later invalidated Part IX-B for state-level co-operative societies in Union of India v. Rajendra N. Shah (2021) due to lack of state ratification, the amendment to Article 19(1)(c) making the right to form co-operative societies a fundamental right remains valid.