Q & A from Sukanya Shantha vs Union of India 2024 INSC 753 – Prison Manuals – Caste Discrimination
What are the constitutional standards laid down by the Supreme Court under Article 14 ?
The constitutional standards laid down by the Court under Article 14 can be summarized as follows. First, the Constitution permits classification if there is intelligible differentia and reasonable nexus with the object sought. Second, the classification test cannot be merely applied as a mathematical formula to reach a conclusion. A challenge under Article 14 has to take into account the substantive content of equality which mandates fair treatment of an individual. Third, in undertaking classification, a legislation or subordinate legislation cannot be manifestly arbitrary, i.e. courts must adjudicate whether the legislature or executive acted capriciously, irrationally and/or without adequate determining principle, or did something which is excessive and disproportionate. In applying this constitutional standard, courts must identify the “real purpose” of the statute rather than the “ostensible purpose” presented by the State, as summarized in ADR. Fourth, a provision can be found manifestly arbitrary even if it does not make a classification. Fifth, different constitutional standards have to be applied when testing the validity of legislation as compared to subordinate legislation. (Para 25-34)
Describe Anti-discrimination principles under Article 15(1) ?
Anti-discrimination principles emerge under Article 15(1). First, discrimination can be either direct or indirect, or both. Second, facially neutral laws may have an adverse impact on certain social groups, that are marginalized. Third, stereotypes can further discrimination against a marginalized social group. Fourth, the State is under a positive obligation to prevent discrimination against a marginalized social group. Fifth, discriminatory laws based on tereotypes and causing harm or disadvantage against a social group, directly or indirectly, are not permissible under the constitutional scheme. Sixth, courts are required to examine the claims of indirect discrimination and systemic discrimination; and seventh, the test to examine indirect discrimination and systemic discriminatio. (Para 35-48)
Which are the different components of Article 17?
Article 17 has several components. It abolishes the practice of “untouchability”. At the same time, it prohibits “its practice in any form”. Furthermore, “enforcement of any disability” arising out of “Untouchability”” is a criminal offense as per the “law”. The meaning of “law” is any legislation enacted to tackle any practice or disability arising out of “untouchability- It is a provision that can be implemented both against the State and non-state actors such as the citizensArticle 17 enunciates that everyone is born equal. There cannot be any stigma attached to the existence, touch or presence of any person. By way of Article 17, our Constitution strengthens the equality of status of every citizen. (Para 49-54)
What is the scope of Article 23?
The scope of Article 23 can be invoked to challenge practices where no wages are paid, non-payment of minimum wages takes place, social security measures for workers are not adopted, rehabilitation for bonded labour does not happen, and in similar unfair practices. The State shall be held accountable even in cases where the violation of fundamental rights such as Article 23 is done by private entities or individuals. Article 23 can also be applied to situations inside prisons, if the prisoners are subjected to degrading labour or other similar oppressive practices. (Para 68-85)- Article 23 was incorporated into the Constitution to protect the members of oppressed castes from exploitative practices, where their labour is taken advantage of, and without any adequate return- Assigning labour based on caste background strips individuals of their liberty to engage in meaningful work, and denies them the opportunity to rise above the constraints imposed by their social identity. (Para 195)
What is Article 265 ?
Article 265 of the Constitution provides that no tax shall be levied or collected except by authority of law. A taxing statute must be valid and conform to other provisions of the Constitution. Article 265 makes a distinction between “levy” and “collection.” The expression “levy” has a wider connotation. It includes both the imposition of a tax as well as assessment. The quantum of tax levied by a taxing statute, the conditions subject to which it is levied, and how it is sought to be recovered are all matters within the competence of the legislature. (Para 21-22)-Union Of India vs Rajeev Bansal 2024 INSC 754 – Income Tax Act- Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act
What is Manifest Arbitrariness test?
The test of manifest arbitrariness would apply to invalidate legislation as well as subordinate legislation under Article 14-Manifest arbitrariness must be something done by the legislature capriciously, irrationally and/or without adequate determining principle- When something is done which is excessive and disproportionate, such a legislation would be manifestly arbitrary. (Para 62) [Referred to Shayara Bano v. Union of India (2017) 9 SCC 1 : 2017 INSC 785 ]-Khalsa Universty vs State Of Punjab 2024 INSC 751 – Manifest Arbitrariness – Single Entity Legislation
Can Statutory Authority file writ petition under Article 32?
When Article 32 is meant for citizens to enforce their fundamental rights, the said Article cannot be the basis to file a Writ Petition by statutory authorities against a State/Union Territory for seeking directions in aid of discharging its functions under the statute. The said Article also cannot be the basis for statutory bodies or authorities to seek enforcement of “fundamental rights” against private citizens. The same is incongruous and not in accordance with what is envisaged under the Constitution. [Refer: National Commission for Protection of Children Rights vs State of Jharkhand WP(C) 222/2020 ]