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The article shall first look into the intended beneficiaries of Articles 15 and 16 of the Constitution The Constitution was amended to include two new articles: Article 15(4)  and Article 16(4) . Under Article 15(4), the state was allowed to make specific provisions for the advancement of ‘socially State of Mysore , the Court clarified the criteria for identifying backwardness under Article 15(4). 15(4).

15(4)  of the Constitution.  Articles 15(4) , 16(4) , and 341  are enabling laws that provide the authority and cast duty on the Moreover, Article 15(4)   has an inclusive definition that is not limited to OBC which is evident from In the judgment , the court further interpreted Article 15(4) . 15(4)  and 16(4) , which also include sub-classification.

2nd-year student at Maharashtra National Law University, Mumbai   Supreme Court of India Introduction Article By allowing the doctrine of manifest arbitrariness to splinter into the normative appeal of Article 14 This piece presents a precise thesis statement: although manifest arbitrariness helps enhance Article The Classical Nucleus of Article 14 Article 14 essentially involves  two concepts : the former must Third, the doctrine conflicts with Article 13 .

14 and 15 of the Constitution. Articles 14, 15, and Constitutional Morality The Unreasonable Intelligible Differentia From a constitutional Article 15(1) prohibits discrimination on grounds of sex. While Article 15(3) allows affirmative action for women and children, it cannot be used to inflict additional 14 and even 15 .  

15  and 16  into the Indian Constitution. 15(4) and 16(4). Article 15 of the Constitution requires the State to refrain from discriminating against any person The Supreme Court, in its ruling, found that such reservations violated Article 15(1) of the Constitution Union of India (2003) , the Supreme Court emphasised that Articles 15 and 16 prohibit reservations

14 , and 15 of the Indian Constitution . 19(1)(g) and 15(1) of the Indian Constitution  respectively. This Article specifically refers to “office under the Government of, or any local or other authority In contrast to Article 16(3), the delegation of power to state legislature is obvious in Articles 16( 4) , 16(4-A) ,   16(4-B) , and 16(6) , empowering the reservation of seats in public employment for scheduled

The Punjab and Haryana high court had struck down section 4(5) of Punjab scheduled castes and backward The states may not tinker with this list, however, under Article 15(4), they are empowered to make special Union of India[4] dealt with only the constitutionality of exclusion of creamy layer in OBCs only and Justice Ramachandra Raju Commission, 1997 made the recommendation of sub-dividing the SCs into 4 groups References [1]1 SCC 394 (2005) [2]8 SCC 212 (2006) [3]ILR 1 P (2012) [4]3 SCC 217 (1992)

Talking about the Constitution, the State is defined under  Article 12,  which explicitly mentions the A question arose in front of the court as to “Whether Judiciary falls within the purview of Article 12 Article 32 is a fundamental right which can be exercised against the state. Advocating that the Judiciary itself should fall under “ Article 12 ”, providing a ground to challenge Simultaneously, automatic inclusion of the entire judiciary under Article 12 would create procedural

Article 12 and 13 were introduced to keep the belief of people in state. Doctrine of Severability (Article 13(1)) Article 13(1), it is mentioned that the pre-constitutional law Judicial Interpretation of Article 13(3) AK Gopalan v. competent authority which violates the principle of natural justice and there is no safeguard against it. [4] References [1] AIR 1950 SC27 [2] 1959 AIR 648 1959 SCR [3] (2000) 10 SCC 664 [4] AIR 1950 SC27

Owing to the same, federalism debates in the Indian context, especially after the recent Article 370 This blog undertakes a doctrinal analysis of Article 3 by critiquing its nature and implications. Making a Case for Amending Article 3 of the Constitution Article 3 of the Indian Constitution demands However, Article 3 seems to be setting up an emphatically unitary form of government .   Article 3’s current sweeping powers can alter or even obliterate a State’s identity .  

After the Constitution came into force in 1950, the provision became “void” for infringing Article 19 prospective overruling is hailed as a middle ground is because it simultaneously ensures that while Article Article 142  of the Indian Constitution confers upon the Supreme Court the power to fashion its relief law (for example, a taxation law) is first adjudged by a court to infringe fundamental rights (e.g., Article The state retaliates by adopting a constitutional amendment that revises the infringed article while

(1) and Article 143(2). The query was closely tied to Section 4 (3) of the Act, which mandated abatement of all suits and proceedings In effect, Section 4 (3), when read in conjunction with the reference, was alleged to deprive one community reference could not serve as an effective alternative for adjudicatory proceedings and declared Section 4 observe Article 174 could be remedied by invoking Article 356 .