Further, the rural population was heterogeneous and not all of them were educationally backward. Disqualifications of Members 190 Vacation of seats. Right Against Exploitation Articles 23-24 : Article 23 deals with the prohibition of traffic in human beings and forced labor. No State Government worth the name can tolerate such threats by one group of persons to another group of persons; it is duty bound to protect the threatened group from such assaults and if it fails to do so, it will fail to perform its Constitutional as well as statutory obligations. As regards the first, the dispute regarding succession to the estate of the Nawab was a legal dispute, and without determination of the points in issue by a properly constituted tribunal of law, a legislation based upon the reports of a non-judicial authority and made applicable to specific individuals, who were deprived thereby of valuable rights, which were enjoyed by all other persons occupying the same position, did plainly come within the constitutional inhibition of Article 14.
Therefore, right to livelihood cannot hang on to the fancies of the individuals in authority. So, a reasonable classification is not permitted but necessary if society is to progress. It is a facet of Art. By this Act, the claim of the two ladies was dismissed and the property adjudged to the other party. Sentence of death —Rarest of rare cases The issue of abolition or retention of capital punishment was dealt with by the law commission of India. In State of Bombay v.
The same or uniform treatment of unequals is as bad as unequal treatment of equals. In Consumer Education and Research Centre v. I like specific and logical comments and not some vague opinion. These and some other cases seem to establish that except in Charanjit Lal case, the singling out of the individuals has never been seen with favor, particularly when such singling out has been done for the purpose of hostile discrimination. If a case is appealed, and pending the appeal the law is changed, the appellate court must dispose of the case under the law in force when its decision was rendered.
The Court, thus, ordered the release from jail of all those under-trial prisoners, who had been in jail for longer period than what they could have been sentenced had they been convicted In A. The inconsistency conflict can be removed by constitutional amendment to the relevant fundamental right so that eclipse vanishes and the entire law becomes valid. It prohibits certain classifications even though they may be justified under Article 14 and expressly asks for making certain classifications which may be impliedly be within the reach of Article 14. The jurisdiction of a Court is limited by the Constitution; it cannot, therefore, have the jurisdiction to decide contrary to the provisions of the Constitution. Conduct of Government Business 166 Conduct of business of the Government of a State. They cannot be permitted to carry on their trade on every road in the city.
But, if the case is kept alive without any progress in any investigation, then the provisions of Article 21 are attracted and the right is not only against actual proceedings in court but also against police investigation. Every person, whatever be his rank or position, is subject to the jurisdiction of the ordinary courts. By — Monika Sharma V. 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. For instance, you and me are not same. Rs of other Communities should not be completely annihilated. Right against Custodial Violence The incidents of brutal police behaviour towards persons detained on suspicion of having committed crimes are a routine matter.
The term is wide enough to include all bodies created by the statute on which powers are conferred to carry out governmental or quasi- governmental functions. Zakhir Hussain : 1967 to 1969 V. In Devadasan case, the Supreme Court was required to adjudge the validity of the carry forward rule. Further, Article 13 of the Constitution of India specifies which acts of the State are regulated by the Constitution so that State does not abuse the powers given to it by the Constitution. The same or uniform treatment of unequals is as bad as unequal treatment of equals. Accordingly, and the Court observed: Art. Halar Utkarsh Samiti, the Supreme Court said that there was a strong link between Art.
The court opined that while hawkers have a fundamental right under Article 19 1 g to carry on trade or business of their choice; they have no right to do so in a particular place. Pratibha Patil : 2007 to 2012 Mr. Regulation 46 provided that an air-hostess shall retire from the service of the corporation upon attaining the age of 35 years or on marriage, if it takes place within 4 years or on first pregnancy whichever is earlier. But soon after this, the government realised that serious injustice has been made to its employees and reversed its decision and substituted 58 to 55 years. 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.
The Court reiterated the Thomas proposition that under Art. In that case the Court struck down the communal G. No one can claim a right to create noise even in his own premises that would travel beyond his precincts and cause nuisance to neighbors or others. The Court has interpreted Article 21 so as to have widest possible amplitude. Union of India 2006 , the Court held that the blatant and large-scale misuse of residential premises for commercial use in Delhi, violated the right to salubrious sand decent environment. The rule also provided that an employee who did not pass the unified departmental tests within the period of two years from the date of introduction of the test would be reverted to the lower post and further said that he shall not again be eligible for appointment under this rule. The Constitution aims at ensuring fuller development of every child.