Provisions of Essential Services Maintenance Act- Indian polity and Governance
Q. Consider the following statements about Essential Services Maintenance Act
1. ESMA enables the Government to ban strikes and deman conciliation or arbitration in certain “essential” industries.
2. The interpretation of “essential services” varies from state to state.
3. The declaration of essential services can not be challenged in court.
Which of the above statements are true?- Published on 10 Jul 15a. 1,2
b. 2,3
c. 1,3
d. All
ANSWER: 1,2
The Essential Services Maintenance Act, 1968, was enacted to provide for "the maintenance of certain essential services and the normal life of the community". It extends to the whole of India except Jammu and Kashmir. ESMA enables the Government to ban strikes and demand conciliation or arbitration in certain "essential" industries. However, the interpretation of "essential services" varies from state to state. Legal mechanisms exist for challenging a decision taken under the terms of this Act if a dispute arises.
