He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. If the Supreme Court had stuck to the view propagated in earlier cases that Art. The court held that the discrimination was based on place of residence, and not on place of birth, and therefore, it did not violate A. Coming to article 16, the articles 16 1 and 2 give a general rule that there shall be equal opportunity for all citizens in government jobs. Article 15 4 only enables the State to make special provision and not exclusive provision for the backward classes. The qualifications posited may, besides mental excellence, include physical fitness, sense of discipline, moral integrity and loyalty to the State.
Article 21A states that that state shall provide free and compulsory education to all children of the age of 6-14 years. You can grab notes on other provisions of the Constitution and other law subjects from. However only 27 per cent of reservation was recommended owing to the legal constraint that the total quantum of reservation should not exceed 50 percent. From the several judicial pronouncements concerning the definition of backward classes, several propositions emerge. The Supreme Court held that Section 3 of the Act insofar as it related to Telangana and the rules made thereunder R.
Today a thought has started to arise that if we were to choose between two situations: One being a daughter in law harassed by the whole family and second one daughter in law harassing the whole family for money — of course scenario one is better option. In Devadasan case, the Supreme Court was required to adjudge the validity of the carry forward rule. Classification meant segregation in classes which had a systematic relation, usually found in common properties and characteristics. The court observed that in the absence of any law to the contrary, it is open to the government to impose such conditions which would make the reservation effective for the advancement of candidates of such classes. Ambedkar, was adopted by the Constituent Assembly on 26 th November 1949 and came into force on 26 th January 1950. The article forbids discrimination on the basis of the above criteria.
Article 30 deals with the right of minorities to establish and administer educational institutions. It is a declaration of equality of all persons within the territory of India, implying thereby the absence of any special privilege in favor of any individual. The rules prescribed the requirement of residence for appointment to certain posts within the Telangana area of the State. Thirdly, backwardness should be comparable, though not exactly similar, to the scheduled Castes and Scheduled Tribes. For examples people with higher income have to pay higher tax percentage than those who earn less. This creates the danger of official arbitrariness which is subversive of the doctrine of equality.
This Order may be called the Constitution Scheduled Caste Order, 1950. Giving preference to an under-represented backward community was valid and would not contravene Arts. It was found that the absence of means of communication, technical processes and educational facilities kept the poor and illiterate people in the remote and sparsely populated areas backward. The policy can be gathered from the preamble, the provisions of the enactment and other surrounding circumstances. Shukla, Constitution of India, 10th Ed.
Nargesh Meerza, a regulation made by Air India International, a statutory corporation, providing for termination of service of an air hostess on her first pregnancy has been held to be arbitrary and abhorrent to the notions of a civilized society. But as a result of sub-classification the reservation cannot exceed more than 50%. Every person, whatever be his rank or position, is subject to the jurisdiction of the ordinary courts. However, there can be a discrimination on any of the above mentioned grounds and also on other grounds not mentioned above is considered valid. Many other articles and three other parts were added to it by subsequent constitutional amendments.
From article 15 3 onwards, the constitution starts protective discrimination. Foreign Diplomats are immune from the jurisdiction of Courts. It is the effect or operation of the statute which is the determining factor and not its purpose or motive. The Supreme Court has quashed these conditions as discriminatory. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. It gives the right only for equal opportunity, i. .
Right to Own Personal Property. The scope of clause 1 of Article 16 is wider than the scope of clause 2 , because discrimination on grounds other than those mentioned in clause 2 of the Article 16 has to be weighed and judged in the light of the general principles laid down in clause 1. First, that there was an adverse report against them by the State legal advisers and, second, that the dispute was of a long standing. Mode of amendment how changes to the Cons … titution can be made 6. Article 26 deals with freedom to manage religious affairs. A rticle 16 of I ndian C onstitution A rticle 16 of I ndian C onstitution is another instance of the application of the general rule of equality before law laid down in Article 14 and of the prohibition of discrimination in Article 15 1 with respect to the opportunity for employment or appointment to any office under the State.
In this article we will first read the excerpt of the particular Article as it is present in the Constitution and then we will have a look at the explanation of that particular article. Equality of Opportunity in matters of public Employment. This acts like a loophole where the government can classify people for tax purposes. This article states that all citizens irrespective of colour, creed and religion have the right to raise their voice in matters of importance or otherwise without any restriction within or without. Thereupon the Bihar State Legislature passed the impugned Act. It did not take account of the existing inequalities arising even from public policies and exercise of public powers. In fact, identical treatment in unequal circumstances would amount to inequality.