Civil Procedure Code (CPC)

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DISHA D. SHAH (lawyer)     19 March 2010

violation of human rights

Hello all

i am disha studing llb 3rd year ,i have moot problem that i have to present as like advocate my moot problem are as under:

file writ application underarticle 32 for "assume govt. has passed  act  about  private company have to appoint , employee which is 50%for  obc and all  and 25% must be for women govt will appoint all employment " so i as advocate of private co, fill application of writ for violating of human rights and articles of constitution for private co. 

my question is  which articles of constitution ,should i refer and what citation case ? i heared about citation that says govt cant reserve sit more than 50%

 give me some points of ground  for this.

pls help for that

thanks in advance


 



 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 March 2010

Stdy article 14 of constitution which guarantees the protection of fundamental rights of the citizen of India and if govt. intentionally violates it just for benefitting any sec of soceity as the cost of all other citizens, definitely this is violation of the Constitution of India hence the petition under Article 32 of Consitution of India seeking immediate intervention of Hon'ble Apex court of India so that all private companies should continue to avail the best talent for their business activities.

 

Business activities of proviate companies are exepcted to be regulated by themselves and no State intervention qua the persons to be appointed is totally against busiess ethics as well as competitiveness of business enterprenueors. It is worthy to mention here India is not like China and Russia where the entire economy is in the control of State so being violative of humanism, constitution, business enviornment, etc. the impugned notification is liable to be set aside instantly to estabish the Rule of Law.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 March 2010

you have to file under article 32 of the constitution of india to the supreme court of india. at hc, same writ will be under 226 of the coi.

it was supreme court's rulling that , reservation should not go up more than 50 % but the parliament has the right to enhanch the limit.

1 Like

B.B.R.Goud. ( Faculty)     11 April 2010

As per the article 14 of constitution, if govt. intentionally violates it just for benefitting any sec of soceity as the cost of all other citizens, definitely this is violation of the Constitution of India and also human rights & fundamental freedoms, hence the petition under Article 32 as well as 226 of Consitution of India seeking immediate intervention of Hon'ble Apex court of India or Hon'ble Hugh Court- so that all private companies should continue to avail the best talent for their business activities.

 it was supreme court's rulling that , reservation should not go up more than 50 % but the parliament has the right to enhanch the limit.

Business activities of proviate companies are exepcted to be regulated by themselves and no State intervention qua the persons to be appointed is totally against busiess ethics as well as competitiveness of business enterprenueors. It is worthy to mention here India is not like China and Russia where the entire economy is in the control of State so being violative of humanism, constitution, business enviornment, etc. the impugned notification is liable to be set aside instantly to estabish the Rule of Law.

Sudhir Kumar (Dy Director)     28 November 2011

First of all consult company law. The fundamental rights belong only to natural persons and not to the juristic persons [companies/corporations] etc. 

Democratic Indian (n/a)     28 November 2011

Fundamental rights are applicable to juristic persons. Please refer https://statutelaw.blogspot.com/2011/03/22-can-fundamental-rights-be-enjoyed-by.html and https://answers.yahoo.com/question/index?qid=20080626004520AAyRtK7

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