18 Questions
What is the main motive of Article 14 in the Constitution of India?
To strike out arbitrariness from state action
In the context of the text, what was the outcome for the appellant regarding Chapter VI benefits and protections?
Ineligible due to not meeting Sec. 2(r) standard
Why does the petition argue that the statute is under-inclusive?
Due to its exclusion of similarly situated persons
What case developed the test of manifest arbitrariness in India?
E.P. Royappa v. State of Tamil Nadu
How did the Supreme Court define 'manifest arbitrariness' in the case of Shayara Bano v. Union of India?
A capricious and irrational legislative act
Why was the appellant not eligible for Chapter VI benefits according to the text?
For failing to meet the Sec. 2(r) standard
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
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
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
According to the doctrine of manifest arbitrariness, what may lead to discrimination besides conscious design or malicious intent?
Implicit biases
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
What does indirect discrimination result from, as mentioned in the text?
Awareness of existing practices
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
What principle is emphasized when statutes relate to an individual's constitutional rights?
Strict judicial review
How is the arbitrariness of provisions in the RPwD Act linked to social consequences?
It affects the eligibility for affirmative action benefits
Why is a thorough judicial review imperative in determining the adequacy of provisions related to PwDs?
To address issues associated with PwDs
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
How does excessive and disproportionate legislation impact the concept of manifest arbitrariness?
It would be considered manifestly arbitrary
Explore a legal case where the appellant is not eligible for Chapter VI benefits and protections due to not meeting the Sec. 2(r) standard. Learn about the acknowledgment of similar situations by the Hon'ble SC and the exclusionary nature of Sec. 2(r) as highlighted in the Mohamed Ibrahim case.
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