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Constitution of India Art. 39
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Land Reforms and Land Ceiling
Article 39 (specifically clause (b)) emphasizes that the State should organize agriculture and land reforms, including fixing land ceilings and redistributing surplus land for equitable distribution and welfare. This is reinforced by legislative acts like the Tamil Nadu Land Reforms Act, 1961, which aims to implement land reforms consistent with Art. 39 T. M. Sulochana Ammal VS The Commissioner and Secretary to Government Revenue Department Chennai - Madras. -
Principles of Policy for Welfare State
Article 39 sets out fundamental principles guiding the State, such as ensuring that the ownership and control of material resources are distributed to serve the common good, promoting equitable distribution of wealth, and preventing concentration of wealth and means of production Kesa VS State of Rajasthan - Rajasthan. -
Equal Pay for Equal Work
Several judgments highlight that Article 39 (d) mandates that persons performing the same work should receive equal pay, regardless of their employment status (regular or temporary). Courts have repeatedly emphasized that this principle aligns with Articles 14 and 16, ensuring equality before the law and equal opportunity in public employment Suresh Kumar VS State of Rajasthan - Rajasthan, Daulat Ram VS State of Rajasthan - Rajasthan, Ramesh Chandra VS State of Rajasthan - Rajasthan, Chandra VS State of Rajasthan - Rajasthan. -
Implementation and Judicial Interpretation
Courts have held that violations of the equal pay principle under Art. 39(d) can be challenged through writ petitions, and that the State must ensure compliance with the directive principles, including fair pay and conditions of service Suresh Kumar VS State of Rajasthan - Rajasthan, Ramesh Chandra VS State of Rajasthan - Rajasthan, Union of India, rep. by Secretary to Government for Health VS A. M. Bazeer Ahamed - Madras. -
Overall Insight
Art. 39 acts as a directive principle aimed at promoting social justice, equitable distribution of resources, and fair treatment of workers, which courts interpret as binding on the State for legislation and administrative action.
References
- T. M. Sulochana Ammal VS The Commissioner and Secretary to Government Revenue Department Chennai - Madras, Suresh Kumar VS State of Rajasthan - Rajasthan, Kesa VS State of Rajasthan - Rajasthan, Daulat Ram VS State of Rajasthan - Rajasthan, Ramesh Chandra VS State of Rajasthan - Rajasthan, Chandra VS State of Rajasthan - Rajasthan, Union of India, rep. by Secretary to Government for Health VS A. M. Bazeer Ahamed - Madras
Search Results for "Constitution of India Art 39"
2012 0 Supreme(Mad) 110 • India - Madras
ELIPE DHARMA RAO, N.KIRUBAKARAN
(A)Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961(58 of 1961)-Sec.94-Constitution of India-Art.39-Land reform-Land ... .39-Land reform-Land ceiling-Surplus land-Disposal-Allotment-Agricultural land-House site-Surplus land taken over under the Tamil ... nbsp;(B)Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961(58 of 1961)-Sec.94-Constitution of India-Art ... Under sub-clauses (b) and (c) of Article 39 of the Constitution in the Directive Principles of Stat....
1995 0 Supreme(Raj) 435 • India - Rajasthan
ARUN MADAN
. 39(d) read with Art. 14 & 16 – Fixation in the regular pay scale and equal pay for equal work – Performing duties similar to that ... Rules, 1958, Schedule IV; Rajasthan Class IV (Recruitment and other service conditions) Rules, 1963 and Constitution of India, Art ... The grievance of the petitioner is that instead of regularisation of his services by fixiing him up in the regular Pay Scale since he has been performing his duties similar to that of substantively appointed Sweepers on the principle of `equal pay for equal work as enshrin....
1987 0 Supreme(Raj) 33 • India - Rajasthan
J.R.CHOPRA, G.M.LODHA, K.BHATNAGAR
(a) Constitution of India Art. 39—Lays down the principles of policies to be followed by the state—Agranian reforms—Rajasthan Tenancy ... Art. 39 of the Constitution enumerates certain principles of policy to be followed by the State. ... The directive principles of State Policy in Part-IV of the Constitution embody the aims and objects of the State under the republican Constitution that it is a Welfare State. Those directives are implemented by Legislation. ... ... ....
1998 0 Supreme(Raj) 82 • India - Rajasthan
ARUN MADAN
(a) Constitution of India, Art. 39 (d) and Art. 14, 16 and 300 (A) – Equal pay for equal work – Claiming right for higher pay – Before ... (Para 5 & 7)(b) Constitution of India, Art. 39, 14, 16 & 300-A–Appointment on higher post – Initially appointed on work-charg basis–Work ... 14 and 16 of the Constitution. ... Store Keeper which is a findingof fact recorded by the learned Tribunal on the basis of evidence led before it, where- as no such finding can be recorded in favour of the peti....
1990 0 Supreme(Raj) 168 • India - Rajasthan
I.S.ISRANI
(a) [Constitution of India, Art, 39(1)—Equal Pay for equal work-Working in substantive capacity on post of cleaner but taken the
1994 0 Supreme(Raj) 173 • India - Rajasthan
M.P.SINGH, G.C.MITTAL
Constitution of India, Art. 38, 39 and Rajasthan High Court (Condition of Service of Staff) Rules, 1953 - Equal pay for equal work
1981 0 Supreme(Guj) 102 • India - Gujarat
A.M.AHMADI, V.V.BEDARKAR
Criminal Procedure Code, 1973-Sec. 173 and Constitution of India- Art. 39 A-Enlarged photographs of disputed signature. ... Art. 22 (1) of the Constitution provides that the accused shall not be denied the right to consult and to be defended by a legal practitioner of his choice. ... Art. 39a of the Constitution is in Part IV pertaining to Directive Prin- ciples of State Policy. The first line of Art. 39a is very important According to that the State shall secure that....
1988 0 Supreme(Raj) 135 • India - Rajasthan
M.C.JAIN, A.K.MATHUR
Constitution of India, Art, 39 (1) and 226—Equal pay for equal work—Persons performing the same duties—LDCS selected by R.P.S.C. ... Cs. are discharging the same functions and Article 39(d) of the Constitution lays down that for equal work equal pay should be paid, It is true that these petitioners have not been regularly selected, but nonetheless they are discharging the same functions as are being discharged by the regularly selected ... But they are paid in the pay scale of Rs. 880-1680 Therefore, the petitioners grie....
1998 0 Supreme(Raj) 79 • India - Rajasthan
ARUN MADAN
Constitution of India, Art. 39 (d) and Rajasthan Civil Services (New Pay Scales) Rules, 1987 – Equal pay for equal work – The persons ... Union of India & Ors. (2) and in the matter of Randhir Singhs case (supra). ... (14). In M.R. ... Hence in my view this approach of the respondents is grossly violative of principle of `equal pay for equal work besides violative of Articles 14 and 16 of the Constitution of India, read with Article 39(d) thereof. ... Irrigation, Mines, Geology and Public Health Engineering Department (f....
2011 0 Supreme(Mad) 3862 • India - Madras
ELIPE DHARMA RAO, K.K.SASIDHARAN
(A)Constitution of India-Art.14, 39, 226- Service-Conditions-Pay-Equality-Writ-Maintainability-Pay scale of the respondents were ... ... (B)Constitution of India-Art.14, 39, 226- Service-Conditions-Pay-Equality ... Para 10 ... (C)Constitution of India-Art.14, 39, 226- Service-Conditions-Pay-Equality-Writ-Maintainability-Courts ... In UNION OF INDIA AND OTHERS vs. ... In UNION OF INDIA AND ANOTHER vs. ... In support of his contention that fixation of....
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