View of the Supreme Court. File | Photo credit: Reuters
In separate statements, central trade unions on Friday (Jan 30, 2026) condemned the Supreme Court’s recent observation blaming “aggressive unionism” for industrial stagnation. The trade unions stated that the right to association is a fundamental right guaranteed by Article 19 paragraph 1 letter (c) Constitution of India. “This right is governed by the Trade Union Act, 1926 (with subsequent amendments), which provides registration and legal immunity for trade union activities. It enables collective bargaining and representation of workers’ interests,” said Elamaram Kareem, general secretary of the Indian Trade Union Centre.
The All India Trade Union Congress roundly rejected this observation, saying it starkly reveals a “class character” in judicial reasoning that is detrimental to the ideals of socialist democracy enshrined in the Constitution. “The AITUC requests that the Hon’ble Supreme Court withdraw these remarks,” the AITUC National Council said in a statement.
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On 29 January, a bench of Supreme Court of India Chief Justice Surya Kant and Justice Joymalya Bagchi said that the culture of labor resistance and the strong leadership of “flag-carrying” unions had led to the closure of many industrial establishments across the country. The comments were made during the hearing of a Public Interest Litigation filed by Penn Thozhilargal Sangam and other unions.
It undermines the role of unions
“These observations of the Supreme Court, coupled with its refusal to entertain a plea seeking minimum wage for domestic workers, are deeply troubling, deeply troubling and contrary to the constitutional mandate of social justice, equality and dignity of labour,” AITUC said. “To portray unionism as the cause of industrial stagnation is to misunderstand economic reality and ignore the destructive consequences of pro-corporate policies that result in unchecked corporate concentration,” he added.
The All India Central Council of Trade Unions said that the oral remarks made by the Chief Justice of India against unions were shocking and undermined the vital role of unions. “It is well known that industrial closures have nothing to do with unions and worker agitation, and are purely the result of mismanagement and deliberate diversion of funds. On the contrary, numerous reports have found that laws are properly enforced when workers are unionized, and unions play a key role in ensuring labor protections,” the statement said.
Former Bharatiya Mazdoor Sangh general secretary Virjesh Upadhyay said that unions are not anti-development. “They are institutions rooted in India’s enduring tradition of collective solidarity and mutual support that dates back to the ancient civilizational practices of workers’ guilds and associations,” he said.
Published – 30 Jan 2026 22:19 IST
