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Article 14: Judicial Activism

This document discusses judicial activism and key cases related to Article 14 of the Indian Constitution regarding equality before the law. It summarizes the Air India v. Nargesh Meerza case, which found that terminating an air hostess's employment upon her first pregnancy was arbitrary. It also discusses the Vishaka v. State of Rajasthan case, where the Supreme Court relied on international treaties to pronounce judgment on sexual harassment in India in the absence of relevant statutes. The cases demonstrate the Supreme Court ensuring non-discriminatory treatment and gender equality through an active interpretation of constitutional rights.

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Sabyasachi Ghosh
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94 views4 pages

Article 14: Judicial Activism

This document discusses judicial activism and key cases related to Article 14 of the Indian Constitution regarding equality before the law. It summarizes the Air India v. Nargesh Meerza case, which found that terminating an air hostess's employment upon her first pregnancy was arbitrary. It also discusses the Vishaka v. State of Rajasthan case, where the Supreme Court relied on international treaties to pronounce judgment on sexual harassment in India in the absence of relevant statutes. The cases demonstrate the Supreme Court ensuring non-discriminatory treatment and gender equality through an active interpretation of constitutional rights.

Uploaded by

Sabyasachi Ghosh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Article 14

Judicial activism
• Equality before law and equal protection of laws
• The guarantee of equality before the law is an aspect
of what Dicey calls the rule of law in Engalnd.
• RULE OF LAW requires that no person shall be
subjected to harsh, uncivilized or discriminatory
treatment even when the object is the the securing of
the paramount exingencies of law and order
• The absence of arbitrary power is a paramount
requirement of article 14
Air india v. Nargesh Meerza
• A regulation made by Air India international a statutory
corporation providing for termination of service of an air
hostess on her first pregnancy has been held to be arbitrary
and abhorrent to the notions of a civilized society.
• Where regulation fixed normal age of retirement as 35
years of age the to extend the same to 35years but
authorized the managing directors to extend the same to
45 years at his option subject to other conditions being
satisfied.
• The regulation was held bad as it was uncannalised and
unguided discretion to extend age retirement of an air
hostess.
Vishaka v. State of Rajasthan
• The VISHAKA judgement was an offshoot of a rape case
involving a social worker in Rajasthan.
• Judicial activism reached its pinnacle in this case
• Supreme court relied to a great extent on international
treties that had not been transformed into muncipal laws.
• Supreme court pronounced first authoritative judgement of
sexual harrasement in India and confronted statutory
vaccum.
• It went creative and proposed route of judicial legislation
• The issues that involved were on gender equality and right
to life and liberty.
• Gender equality includes protection from sexual harssment
and the right to work with dignity as per our constitution

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