Odisha Government Invokes ESMA Amid Doctors' Strike Over Pay
Odisha invokes ESMA, banning strikes by doctors amid pay dispute.
Photo by Amine Hajjem
Key Facts
ESMA invoked: Bans strikes by medical staff
Effective: January 6, 2026
Doctors on strike: Over 6,000
UPSC Exam Angles
GS Paper II: Governance, Polity, Social Justice
Link to Fundamental Rights (Article 19)
Potential for questions on labor laws and government powers
Visual Insights
Doctors' Strike in Odisha: ESMA Invoked (January 2026)
Map showing the location of Odisha, where the government has invoked ESMA to prohibit strikes by doctors, nurses, and paramedics in government and grant-in-aid health institutions.
Loading interactive map...
More Information
Background
The Essential Services Maintenance Act (ESMA) has its roots in the need for governments to maintain essential services during times of industrial unrest or other disruptions. While the specific acts vary by state, the underlying principle is to prevent strikes in sectors deemed vital to public welfare. The first such legislation in India emerged in the post-independence era, driven by concerns about labor disputes impacting essential services like healthcare, transportation, and utilities.
Over time, ESMA has been invoked in various states and at the national level, often sparking debates about the balance between the right to strike and the need to ensure uninterrupted public services. The legality and scope of ESMA have been challenged in courts, leading to judicial interpretations that have shaped its application.
Latest Developments
In recent years, the invocation of ESMA has become a recurring feature in several states, particularly in response to strikes by government employees, healthcare workers, and transport unions. The use of ESMA often triggers legal challenges and public debates about the proportionality of the measure and its impact on labor rights. There's a growing trend of governments seeking alternative dispute resolution mechanisms to prevent strikes and maintain essential services.
The future may see a greater emphasis on negotiation, mediation, and arbitration to address grievances and avoid resorting to ESMA. Furthermore, there is an ongoing discussion about amending ESMA to better balance the rights of workers with the needs of the public.
Practice Questions (MCQs)
1. Consider the following statements regarding the Essential Services Maintenance Act (ESMA): 1. ESMA is a central legislation applicable uniformly across all states in India. 2. ESMA empowers the government to prohibit strikes in essential services for a specified period. 3. The definition of 'essential services' under ESMA is static and cannot be amended by the government. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect because ESMA is primarily a state subject, although a central act exists. Statement 3 is incorrect as the government can amend the definition of 'essential services'. Statement 2 is correct as ESMA does empower the government to prohibit strikes.
2. In the context of the recent invocation of ESMA in Odisha, which of the following sectors would typically fall under the purview of 'essential services' as defined by the Act? 1. Healthcare services 2. Public transportation 3. Banking services Select the correct answer using the code given below:
- A.1 only
- B.1 and 2 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Healthcare and public transportation are commonly considered essential services. While banking is important, it is less likely to be included under ESMA compared to healthcare and transportation.
3. Which of the following statements accurately reflects a constitutional challenge often raised against the invocation of ESMA? A) ESMA violates the right to freedom of speech and expression under Article 19(1)(a). B) ESMA infringes upon the right to form associations or unions under Article 19(1)(c). C) ESMA contravenes the right to life and personal liberty under Article 21. D) ESMA undermines the right to constitutional remedies under Article 32.
- A.A
- B.B
- C.C
- D.D
Show Answer
Answer: B
The most common constitutional challenge against ESMA is that it infringes upon the right to form associations or unions, which is protected under Article 19(1)(c) of the Constitution. While other articles may be indirectly relevant, Article 19(1)(c) is the most directly implicated.