24-11-2012, 02:04 PM
COMPARATIVE CONSTITUTIONAL LAW
COMPARATIVE.ppt (Size: 263.5 KB / Downloads: 36)
Federalism and Enumeration of Powers
Compare how powers are distributed in the Indian Constitution to the constitutions of Australia, Germany, Canada, and the U.S.
Rule of Harmonious Construction
Is this positivist or structuralist?
How was it applied in Sri Venkataramana Devaru v. Mysore, AIR 1958 SC 255
Was it really necessary for the court to resort to the rule of harmonious construction?
Art. 25 Freedom of conscience and free profession, practice and propagation of religion.-
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Affirmative Action
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.- The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation
Total number of reservations for backward classes
In education Balaji v. Mysore, AIR 1963 SC 649 no more than 50%
In government jobs Chitraleka v. Mysore, AIR 1964 SC 1823 no more than 50%
1989: following 1980 recommendations of Mandal Commission, Government reserved 27% of government jobs for backward classes (total including reservations for Scheduled Castes and Tribes 49.5%). Cause of resignation of then PM V.P Singh (Janata Dal coalition)
Were the Government reservations constitutional?