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Question
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.
Options
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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Solution
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.
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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. Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:
Mark the best option:
What is ‘zero hour’ in parliament?
Mark the best option:
Principles:
- Article 19(1)(a) of the Constitution guarantees to all citizens the right to 'freedom of speech and expression'.
- This freedom includes the right to express one's views and opinions on any issue through any medium, e.g., by word of mouth, writing, printing picture, Rim, movie, etc.
- Reasonable restrictions may be imposed by the State on this freedom, 'in the interests of the security of the State, friendly relations with foreign States, public order, decency, morality, sovereignty and integrity of India, or 'in relation to contempt of court, defamation or incitement to an offense'
- While the Apex court has justified pre-censorship of a film because it caters to a mass audience, it has held that if the film is unobjectionable and cannot constitutionally be restricted under Article 19(2), freedom of expression cannot be suppressed on account of threat of demonstration or threats of violence.
- There is a difference between 'public order' and 'public tranquility', in that such acts as disturbing only the serenity of others may not fall within the term 'public order'.
Facts: Schoen Frederick Muller is an eminent businessman of German origin. He is known to have a fascination for showbusiness. He has recently produced a film on how a group of four detectives from different parts of the world unearths a conspiracy to assassinate a leader at the United Nations, and one of them turns out to be an accomplice in the plan. The film was awarded as the 'Best Motion Picture (Fiction)' in the Berlin Film Festival. The film is taken for exhibition in India by Spread the Word, an agency headed by Ritesh Zakaria, an Indian citizen.
Facts: Ritesh Zakaria wanted to promote the film. As part of one of the publicity campaigns, a three-hour function was organized in a neighborhood park, targeting a larger class of audience. He personally came to promote the film and started talking about detectives and their lifestyle over loudspeakers. It was a re-enactment of one of the scenes in the film. A group of students from the neighborhood get aggravated with the noise and vandalize the site of the event.
Which of the following statements is correct?
Justice social, economic and political is ____________.
Who among the following presides over the joint sitting of the Parliament?
Who is the Deputy Speaker of the Lok Sabha?
At which of the following place the fust Lok Adalat was held on 14th March 1982?
The minimum number of judges to sit on the constitutional bench or a bench which gives its advisory opinion on a reference by the President must be
Which one of the following articles of the Indian Constitution provides that it shall be the duty of the Union to protect every state against external aggression and internal disturbance?
The following question consists of two statements one labelled as ‘Assertion’ (A) and other as ‘Reason’ (R). You are to examine these two statements carefully and select the correct answer.
Assertion (A): All minorities, whether based on religion or language, shall have the right to establish or, administer educational institutions of their choice.
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
