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1978 Supreme(Del) 197

N.N.GOSWAMY, V.S.DESHPANDE
CHARAN SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
HARSH ARORA, K.M.SHARMA, P.K.Jaitely, R.L.TANDON, S.K.MAHAJAN

V. S. DESHPANDE, C. J.

( 1 ) ON the one hand. Articles 14, 15 (1), 16 (1) and 16 (2) of the Constitution declare the right to equality and prohibit the State from practising discrimination. On the other hand, Articles 46, 15 (3), 15 (4) and 16 (4) firstly impose a duty on the State to promote with special care the educational and economic interests of the weaker sections of the people and enable the State to make any special provision for women and children as also lor the advancement of socially and educationally backward classes of citizens as also for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the State is not adequately represented in the services under the State. The former is the negative and the latter is positive aspect of the fundamental right of equality. Equality is not only proclaimed as an ideal but is sought to be achieved in actuality by asking the State to remove inequality and enabling it to make appropriate provisions. These two classes of provisions should, therefore, not be conflicting but have to be read together to make up the ideal of equality effective and real. It is in this context that we h


























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