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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by state even by law. For violation of this, the person adversely affected by the law may approach the High Court or the Supreme Court for the issuance of an appropriate writ. One of these rights includes the freedom to form association that implies the right to join an association or not to joins such an association.
Facts: Owing to some industrial disturbances created by XATU, one of the several trade unions in AB Chemicals (Pvt) Ltd., the Company issued a circular to all its employees that as far as possible the employees may disassociate with XATU. Navin is an employee of AB Chemicals and the current General Secretary of XATU. Aggrieved by this circular, which affected the fundamental rights of his and other members of the Union, approaches the High Court of the state for relief. Identify the most reasonable legal proposition.
विकल्प
Circular issued by a Company amounts to law in the constitutional sense and hence the High Court can issue a writ as pleaded for by Navin.
The circular interferes with the freedom guaranteed by the Constitution and hence the High Court can issue an appropriate writ.
The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.
The Company’s circular is illegal and has to be quashed by the Court.
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उत्तर
The prohibition against any imposition of restriction against a fundamental right is not applicable to anybody other than the state and hence Navin will not get any relief from the High Court.
APPEARS IN
संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate. C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals. If Parliament enacts a law that requires a trade union to open its membership to all the employees, then
In which of the following situations can the President promulgate an Ordinance?
Mark the best option:
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Which article ensures the Abolition of Titles?
Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: A reasonable classification having nexus with the object sought to be achieved is not violative of Article 14 or Article 16 of the Constitution of India.
FACTUAL SITUATION: 'X' is a male teacher in a women's college, who applied for the post of principal of that college. His candidature was rejected on the basis of the governments po|icy of appointing only women as Principal of a women's co||ege. 'X' challenges the policy on the ground of discrimination. Whether the challenge is sustainable?
DECISION:
In the question given below are two statements labelled as Assertion (A) and Reason (R). In the context of the two statements, which of the following is correct?
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Reason (R): The framers of the Indian Constitution were keen to avoid excessive rigidity.
Who was the President of India at the time of the proclamation of emergency in the year of 1975?
The State List, Union List, and Concurrent List are contained in the
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Facts: 'A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A's vote. Inspite of such wrongful refusal, the candidate, for whom 'A' wanted to vote, won the election. But, 'A' brought an action for damages. Which of the following derivations is correct?
Principle: The Constitution of India guarantees the 'right to life', which means 'right to live with human dignity'. The right to life under the constitution, however, does not include the right to die.
Facts: 'M' who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances, he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on society. Further, as it is his life, he has a right to put an end to it.
Which of the following derivations is correct?
