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

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Questions and Answers

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?

<p>E.P. Royappa v. State of Tamil Nadu (D)</p> Signup and view all the answers

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

<p>A capricious and irrational legislative act (D)</p> Signup and view all the answers

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

<p>For failing to meet the Sec. 2(r) standard (A)</p> 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?

<p>It leads to constant litigation to assert rights (C)</p> Signup and view all the answers

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

<p>Its precluding nature prevents all PwDs from enjoying benefits (A)</p> 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?

<p>To improve the efficacy of the provision through corrective actions (B)</p> Signup and view all the answers

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

<p>Implicit biases (D)</p> 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?

<p>Indirect Discrimination Framework (B)</p> Signup and view all the answers

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

<p>Awareness of existing practices (B)</p> 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?

<p>It limits the ability of PwDs to integrate socially and develop materially (B)</p> Signup and view all the answers

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

<p>Strict judicial review (B)</p> Signup and view all the answers

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

<p>It affects the eligibility for affirmative action benefits (B)</p> Signup and view all the answers

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

<p>To address issues associated with PwDs (A)</p> Signup and view all the answers

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

<p>It limits their right to equal protection by the law (D)</p> Signup and view all the answers

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

<p>It would be considered manifestly arbitrary (D)</p> Signup and view all the answers

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