Legal Case Analysis: Exclusionary Nature of Sec. 2(r)

What is the main motive of Article 14 in the Constitution of India?

To strike out arbitrariness from state action (correct)

To create unfair laws

To promote discrimination

To exclude certain groups from rights

In the context of the text, what was the outcome for the appellant regarding Chapter VI benefits and protections?

Eligible due to being similarly situated

Eligible regardless of the standard

Ineligible due to not meeting Sec. 2(r) standard (correct)

Excluded from benefits for unfair reasons

Why does the petition argue that the statute is under-inclusive?

Because it discriminates based on gender

Because it meets all criteria perfectly

Due to its exclusion of similarly situated persons (correct)

Because it is too inclusive

What case developed the test of manifest arbitrariness in India?

E.P. Royappa v. State of Tamil Nadu Signup and view all the answers

How did the Supreme Court define 'manifest arbitrariness' in the case of Shayara Bano v. Union of India?

A capricious and irrational legislative act Signup and view all the answers

Why was the appellant not eligible for Chapter VI benefits according to the text?

For failing to meet the Sec. 2(r) standard Signup and view all the answers

What is the main concern regarding the administrative and educational affirmative action program for Persons with Disabilities (PwDs) in Indiana?

It leads to constant litigation to assert rights Signup and view all the answers

Why does Section 2(r) of the Rights of Persons with Disability Act, 2016 face concerns?

Its precluding nature prevents all PwDs from enjoying benefits Signup and view all the answers

What is the core argument of the petition mentioned in the text regarding Section 2(r) of the Rights of Persons with Disability Act, 2016?

To improve the efficacy of the provision through corrective actions Signup and view all the answers

According to the doctrine of manifest arbitrariness, what may lead to discrimination besides conscious design or malicious intent?

Implicit biases Signup and view all the answers

In the case of 'Nitisha v Union of India,' what kind of discrimination framework was evolved by the Hon’ble Supreme Court?

Indirect Discrimination Framework Signup and view all the answers

What does indirect discrimination result from, as mentioned in the text?

Awareness of existing practices Signup and view all the answers

What is a key concern raised in the text regarding the under-inclusiveness of a provision in the RPwD Act?

It limits the ability of PwDs to integrate socially and develop materially Signup and view all the answers

What principle is emphasized when statutes relate to an individual's constitutional rights?

Strict judicial review Signup and view all the answers

How is the arbitrariness of provisions in the RPwD Act linked to social consequences?

It affects the eligibility for affirmative action benefits Signup and view all the answers

Why is a thorough judicial review imperative in determining the adequacy of provisions related to PwDs?

To address issues associated with PwDs Signup and view all the answers

What impact does under-inclusiveness have on the rights of PwDs according to the text?

It limits their right to equal protection by the law Signup and view all the answers

How does excessive and disproportionate legislation impact the concept of manifest arbitrariness?

It would be considered manifestly arbitrary Signup and view all the answers