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169 results found for "Article 15(4)"
- EWS Reservation In India: A Blow To Social Justice?
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).
- A Second Look: The Need to Reconsider the Supreme Court’s Verdict on SC Sub-Classification
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.
- Nurturing or Burdening?: Campus Mothers, Article 14, and Internalised Patriarchy
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 .
- Legal Analysis of Religion-Based Reservations in India: Pasmanda Muslims and the Primacy of Caste over Communal Differences
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
- Article 13: Defining the Law
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
- The Debate of Sub-Categorization within SC/ST: A Short Note
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)
- A Constitutional Conundrum: Navigating the Issue of Residence Reservation in Private Employment
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
- Construing Article 3 of the Constitution through Indian Federalism’s Complexities
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 .
- Article 143 and Judicial Precedent: Can the Supreme Court Reconsider Its Own Judgments?
(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 .
- Deconstructing Article 356: The Role of Judicial Review in Shaping Centre-State Dynamics
Supreme Court of India Introduction Article 356 falls under Part XVIII, titled “Emergency Provisions” The purpose of Article 356 is underscored by Article 355 , which states that it is the Union’s duty to The State government's dismissal under Article 356 does not fall within such exceptions. Therefore, the restrictive clause under Article 74 and the constitutional power under Article 142 must Article 356 After S.R. Bommai: Power Play or Safeguard?
- Breaking Chains: Tribal Women and The Call for Equal Succession
Emphasizing the constitutional right to equality enshrined in Articles 14 and 21 , the Court asserted in this Act shall apply to the members of any Scheduled Tribe within the meaning of Clause (25) of Article This exclusion has been officially communicated under Article 342 of the Constitution of India. The Court found it undesirable to declare tribal customs in violation of Articles 14, 15 and 21 A of
- Redefining Tribal Female Inheritance via the Supreme Court’s Landmark Decision
Scheduled Tribes are defined under Article 366 (25) of the Indian Constitution , and these tribes are However, it specifically excludes and statutorily states that the Scheduled Tribes, as per Article 342 from the application of this general principle, we also find this to be a question of violation of Article Article 15(1) states that the State shall not discriminate against any person on grounds of religion,