The Indian Constitution, a living document, embodies the ethos of democracy and social justice. Its various provisions are designed to ensure not just legal equality but also to promote substantive equality among its citizens. Article 16 stands as a cornerstone in this endeavor, focusing on equality of opportunity in employment. This article presents an intricate balance between the principle of non-discrimination (Article 16(1)) and affirmative action (Article 16(4)), showcasing the Indian state’s commitment to creating a level playing field for all, especially the oppressed classes.
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Can Contractual Employees once regularized, be entitled to the same benefits as their regularly employed counterparts? – The case of HRTC employees (2023)
In a pivotal judgment by the Himachal Pradesh High Court in Vikram Singh vs. State, CWPOA No. 2343 of 2020, Justice Bipin Chander Negi tackled the significant issue of regularization of contractual employees in the Himachal Road Transport Corporation (HRTC). This saga began with the HRTC’s inclusion of ‘contractual recruitment’ in 2003, a move that led to the hiring of 153 drivers under fixed-term contracts. The heart of the dispute lay in the inconsistent regularization of these drivers, some after 6 years of service, compared to others regularized merely after a year. The case presents a detailed examination of the equitable treatment of contractual employees in government services, addressing the nuances of employment law.
Continue reading “Can Contractual Employees once regularized, be entitled to the same benefits as their regularly employed counterparts? – The case of HRTC employees (2023)”Marriage Between a Male And a Trans-woman is a Valid Marriage
There are times when one feels proud to be a part of the legal profession. One such moment has come due to a recent judgment passed by a bench of the Madras High Court. The judgement was authored by J. G.R Swaminathan.
Continue reading “Marriage Between a Male And a Trans-woman is a Valid Marriage”CAA and NRC – A Dissent on Grounds of Equality and Fraternity
(The Article was first published on December 22, 2019)
In the past few days, there has been unrest in the country over two actions of the parliament i.e firstly, due to introduction of a law called Citizen Amendment Act (CAA), which deals with granting of citizenship to refugees, and secondly, due to the declaration that India will soon have a register of citizens (NRC) where all citizens will have to prove their citizenship with documentary evidence.
Continue reading “CAA and NRC – A Dissent on Grounds of Equality and Fraternity”
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