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Dhayalan 9894551170 (advocate)     23 March 2010

moot court

This my moot court problem:

The sate govt of tamilnadu passes TN locla bodies Act,2008 with radical provisions. section 43 disqualifies person with more than 2 children from contesting for Local bodies membership. Narashiman who has four children challenges this provisions as unconstitutional.



Learning

 15 Replies

Suchitra. S (Advocate)     23 March 2010

The given problem is not violative of the Constitution. Pl refer to Javed v/s State of Haryana AIR 2003 SC 3057. Sc has held that the provision is not discriminatory and the classification is based on intelligible differentia having nexus with the object of popularising family planning programme.

1 Like

DISHA D. SHAH (lawyer)     23 March 2010

refer:-

constitution violation article 14,16(1) (2),21

case reffered

Balaji v. The State of Mysore [1963] Suppl. 1 S.C.R. 439.
 P.Rajendran v. State of Madras MANU/SC/0025/1968.
 State of AP v. USV Balram AIR 1972 SC1375.
. M.Nagaraj & Ors. v. Union of India MANU/SC/4560/2006.

and also

violation of universal declaration of human rights as agreement made by india

so you are studing 3rd llb ?

Suchitra. S (Advocate)     23 March 2010

 Dishaben ji,  the above problem comes under reasonable classification under Article 14 of Constitution.

2 Like

Raghavendra (ragsan@gmail.com) (Lawyer)     23 March 2010

now a days "two child norm" is quite common, suchitra was right, the said case is one of the land mark and directly applicable to the situation pls find the attached said case law for ready reference for all...

tc


Attached File : 35 35 two child norm.pdf downloaded: 159 times
2 Like

DISHA D. SHAH (lawyer)     23 March 2010

Originally posted by :Suchitra. S
"
 Dishaben ji,  the above problem comes under reasonable classification under Article 14 of Constitution.
"

 no thats not only 14

but equal oppertunity to getting job so 16

and 21 for freedom to have many child state cant  ristrict my freedom

now you can understand more

DISHA D. SHAH (lawyer)     23 March 2010

if one case make some restriction another can accept also so for the purpose of  oppose it  he/she  can take ground of articles and  there is one of freedom also.

Originally posted by :Suchitra. S
"
 Dishaben ji,  the above problem comes under reasonable classification under Article 14 of Constitution.
"

Suchitra. S (Advocate)     23 March 2010

My advise is based on my knowledge of the Constitution. Let learned members throw more light on this, if I am wrong.

1 Like

Suchitra. S (Advocate)     23 March 2010

I know it is a moot problem and so, one can opt for any side to argue. But what I have told is the principle on which the restriction is based in the given problem.

1 Like

DISHA D. SHAH (lawyer)     24 March 2010

yes suchitra

you are right but for  to be a petitioner there is no other way to argue am i right?

Suchitra. S (Advocate)     24 March 2010

   right.  :)
 

1 Like

DISHA D. SHAH (lawyer)     24 March 2010

thanks dear

Pradeep (Advocate)     30 March 2010

u can quote the US cases, which held that right to procreation is a fundamental right. irrespective of indian precedents.

https://en.wikipedia.org/wiki/Fundamental_rights

even below link has some nice discussions with regard to right to procreation:

https://blog.indiansurrogacylaw.com/wp-content/uploads/2009/09/ISLC-comments-on-Law-Commission-Report.pdf

Dhayalan 9894551170 (advocate)     05 April 2010

thanks for all specially to suchitra, Ragavendra,pradeep and d.shah

once again thank u very much

Dhayalan 9894551170 (advocate)     05 April 2010

i have to prepare for both side. on the time of present he has to desired.


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