Constitutional Law Project

Topic - Mrs. Valsamma Paul vs. Cochin University and ors.

under Art.15( ! and 1"( ! o# the Constitution

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Fundamental Rights' is a charter o# ri*hts contained in the Constitution o# $ndia. $t *uarantees civil li+erties such that all $ndians can lead their lives in ,eace and harmony as citi-ens o# $ndia. &hese include individual ri*hts common to most li+eral democracies. such as e/uality +e#ore law. #reedom o# s,eech and e0,ression. and ,eace#ul assem+ly. #reedom to ,ractice reli*ion. and the ri*ht to constitutional remedies #or the ,rotection o# civil ri*hts +y means o# writs such as ha+eas cor,us. &he 1undamental 'i*hts are de#ined as +asic human #reedoms which every $ndian citi-en has the ri*ht to enjoy #or a ,ro,er and harmonious develo,ment o# ,ersonality. &hese ri*hts universally a,,ly to all citi-ens. irres,ective o# race. ,lace o# +irth. reli*ion. caste or *ender. Right to Equality is an im,ortant ri*ht ,rovided #or in Articles 1 . 15. 1". 12 and 13 o# the constitution. Social equality and equal access to public areas4 Article 15 of the Constitution states that no ,erson shall +e discriminated on the +asis o# reli*ion. race. caste. se0 or ,lace o# +irth. 5very ,erson shall have e/ual access to ,u+lic ,laces li6e ,u+lic ,ar6s. museums. wells. +athin* *hats and tem,les etc. 7owever. the 8tate may ma6e any s,ecial ,rovision #or women and children. 8,ecial ,rovisions may +e made #or the advancements o# any socially or educationally +ac6ward class or scheduled castes or scheduled tri+es. Equality in matters of public employment4 Article 1 of the Constitution lays down that the 8tate cannot discriminate a*ainst anyone in the matters o# em,loyment. All citi-ens can a,,ly #or *overnment jo+s. &here are some e0ce,tions. &he Parliament may enact a law statin* that certain jo+s can only +e #illed +y a,,licants who are domiciled in the area. &his may +e meant #or ,osts that re/uire 6nowled*e o# the locality and lan*ua*e o# the area. &he 8tate may also reserve ,osts #or mem+ers o# +ac6ward classes. scheduled castes or scheduled tri+es which are not ade/uately re,resented in the services under the 8tate to +rin* u, the wea6er sections o# the society. Also. there a law may +e ,assed which re/uires that the holder o# an o##ice o# any reli*ious institution shall also +e a ,erson ,ro#essin* that ,articular reli*ion.

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Two posts of Lecturers in Law Department of Cochin University were notified for recruitment, one of which was reserved for Latin Catholics (Backward ClassFishermen ! The appellant, a "yrian Catholic (a forward class , havin# married a Latin Catholic, had applied for selection as a reserved candidate! The University selected her on that $asis and accordin#ly appointed her a#ainst the reserved post! %er appointment was &uestioned $y 'ani (eor#e $y filin# a writ petition prayin# for a direction to the University to appoint her in place of the appellant to the said post! The leaned sin#le )ud#e allowed the writ petition of 'ani (eor#e and held that the appointment should $e made strictly in accordance with 'ules *+ to *, of the -erala "tate "u$ordinate "ervice 'ules! .hen appeals were filed, the appellant cited the /ud#ement a sin#le )ud#e in Dr! -aniamma 0le1 v! 2u$lic "ervice Commission (*345 -LT *4 which later stood upheld in 2u$lic "ervice Commission v! Dr! -an/ama 0le1 (*345 -LT 6+! 0s stated earlier, dou$tin# the correctness of the decision of the Division Bench in Dr! -an/amma 0le17s case, the reference to the Full Bench had come to $e made!

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.hether a candidate, $y marria#e, adoption or o$tainin# a false certificate of social status would $e entitled to an identification7 as such mem$er of the class for appointment to a post reserved under 0rticle *8(+ or for an admission in an educational institution under 0rticle *9(+ :

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.hether a lady marryin# a "cheduled Caste, "cheduled Tri$e or ;BC citi<en, or one transplanted $y adoption or any other voluntary act, ipso facto, $ecomes entitled to claim reservation under 0rticle *9(+ or *8(+ , as the case may $e:

9ud*ement
The Full Bench in the impu#ned /ud#ement held that thou#h the appellant was married accordin# to the Canon Law, the appellant, $ein# a "yrian Catholic $y $irth, $y marria#e with a Latin Catholic (Backward Class , is not a mem$er of that class nor can she claim the status as a $ackward class $y marria#e! The special provisions under 0rticles *9(+ and *8(+ of the Constitution intended for the advancement of socially and educationally $ackward classes of citi<ens cannot $e defeated $y includin# candidates $y alliance or $y any other mode of /oinin# the community! =t would tantamount to makin# a mockery of the constitutional e1ercise of identification of socially and educationally $ackward classes of citi<ens!

Critical Analysis
8ocial democracy means a way o# li#e which reco*ni-e li+erty. e/uality and #raternity or ,rinci,les o# li#e. &hey are not se,arate items in a trinity +ut they #orm union o# trinity. &o diverse one #rom the other is to de#eat the very ,ur,ose o# democracy. :ithout e/uality. li+erty would ,roduce the su,remacy o# the #ew over the many. 5/uality without li+erty would 6ill individual initiative. :ithout #raternity. li+erty and e/uality could not +ecome a natural course o# thin*s. Articles 15( ! ; 1"( !. there#ore. intend to remove social and economic ine/uality to ma6e e/ual o,,ortunities availa+le in reality. 8ocial and economic justice is a ri*ht enshrined #or ,rotection o# society. &he ri*ht to social and economic justice envisa*ed in the Pream+le and elon*ated in the 1undamental 'i*hts and )irective Princi,les o# the Constitution. in ,articular Arts. 1 . 15. 1". <1. =3. => ; " are to ma6e the /uality o# the li#e o# the ,oor. disadvanta*ed and disa+led citi-ens o# the society meanin*#ul.

&he Constitution throu*h its Pream+le. 1undamental 'i*hts and )irective Princi,les created a 8ecular 8tate +ased on the ,rinci,le o# e/uality and non-discrimination. stri6in* a +alanced +etween the ri*hts o# the individuals and the duty and commitment o# the 8tate to esta+lish an e*alitarian social order. &he em,hasis. there#ore. is on a citi-en to im,rove e0cellence and e/ual status and di*nity o# ,erson with the advancement o# human ri*hts and constitutional ,hiloso,hy o# social and economic democracy in a democratic ,olity to all the citi-ens on e/ual #ootin*. secularism has +een held to +e one o# the +asis #eatures o# the Constitution. Unless #ree mo+ility o# the ,eo,le is allowed transcendin* sectional. caste. reli*ious or re*ional +arriers. esta+lishment o# secular socialist order +ecomes di##icult. $n the onward march o# esta+lishin* an e*alitarian secular social order +ased on e/uality and di*nity o# ,erson. Art. 15 (1! ,rohi+its discrimination on *rounds o# reli*ion or caste identi#ies so as to #oster national identity which does not deny ,luralism o# $ndian culture +ut rather to ,reserve it. &he a,,roach in reconcilin* diverse ,ractices. customs and traditions o# the marria*es as one o# the means #or social and national unity and inte*rity and esta+lishment o# $ndian culture #or harmony. amity and sel#-res,ect to the individuals. is the encoura*ement to inter-caste. intersect. inter-reli*ion marria*e #rom inter-re*ion. &he ,ur,osive inter,retation would. there#ore. ,ave way to esta+lish secularism and a secular 8tate. &he institution o# marria*e is one o# the sound social institutions to +rin* harmony and inte*ration in social #a+ric. $nter-caste marria*es and ado,tion are two im,ortant social institutions throu*h which secularism would #ind its #ruit#ul and solid +ase #or an e*alitarian social order under the Constitution. &here#ore. due reco*nition should +e accorded #or social mo+ility and inte*ration and accordin*ly its reco*nition must +e u,held as valid law. ?e either under the canon law or the 7indu law. on marria*e the wi#e +ecomes an inte*ral ,art o# her hus+and@s marital home entitled to e/ual status o# hus+and as mem+er o# the #amily. &here#ore. the lady. or marria*e. +ecomes a mem+er o# the #amily and there+y she +ecomes a mem+er o# the caste to which she moved. &he caste ri*idity +rea6s down and would stand no im,editions to her +ecomin* a mem+er o# the #amily to which the hus+and +elon*s and she *ets hersel# trans,lanted. &hou*h reco*nition is a circumstance to +e ta6en into consideration. marria*e +ein* a ,ersonal ri*ht o# the s,ouses they are entitled to live. a#ter marria*e. o,enly to the 6nowled*e o# all the mem+ers o# the community or locality in which they live and such livin* they ac/uire married status. $n the li*ht o# the constitutional ,hiloso,hy o# social inte*rity and national unity. ri*hts to e/uality assured +y the human ri*hts and the Constitution o# $ndia. on marria*e o# a man and woman. they +ecome mem+ers o# the #amily and are entitled to the social status as married cou,leA reco*nition per se is not ,recondition +ut entitled to +e considered. when evidence is availa+le. $t is common 6nowled*e that with education or advance o# economic status. youn* men and women marry a*ainst the wishes o# ,arents and in many a case consent or reco*nition would

scarcely +e *iven +y either or +oth the ,arties or ,arents o# +oth s,ouses. 'eco*nition +y #amily or community is there#ore. not a ,re-condition #or married status. $t is seen that )alits and &ri+es su##ered social and economic disa+ilities reco*ni-ed +y Arts. 12 and 15(<!. Conse/uently. they +ecome socially. culturally and educationally +ac6wardA the (?C@s also su##ered social and educational +ac6wardness. &he o+ject o# reservation is to remove these handica,s. disadvanta*es. su##erin*s and restrictions to which the mem+ers o# the )alits or &ri+es or (?C@s were su+ject and was sou*ht to +rin* them in the main stream o# the nation@s li#e +y ,rovidin* them o,,ortunities and #acilities.