made in the impugned provision is valid and constitutional and it is based on the convention made by the ILO to which India is party ... Revised Convention watered down, the Convention No. 89 of ILO Convention, 1948 and therefore it is to be pointed out that the ILO Convention will
abuse.
Independence of judiciary forms a part of our
constitutional scheme. The international conventions and
norms are to be read into them in the absence ... rights may
have to be found out within the
constitutional scheme. Horizons of
constitutional law are expanding."
49. In the aforementioned judgment, this Court
legislative desire to implement the human rights regime founded
on constitutional values and international conventions acceded
to by India ... doubt when positive law is
required, the Constitutional court cannot merely act upon
such international conventions or obligations. However,
when such relevant International law becomes
submits that this is contrary to the Constitutional rights, the provisions of Equal opportunities Act, the convention on Rights of Persons with Disabilities, the Central ... international treaties and conventions. The State, therefore, took a policy decision to have horizontal reservation with a view to fulfil its constitutional object as also
National Legal Ser.Auth vs Union Of India & Ors on 15 April, 2014
Author
child's human dignity and in conformity with the present Convention."
33.Therefore, it cannot be said that the Commission has no right ... emphasised that while discussing constitutional requirements, court and counsel must never forget the core principle embodied in the international conventions and instruments
fair share in power and attaining economic
independence though various other constitutional amendments have been
introduced providing reservation of seats to women in public life ... provisions of reservation of 1/3rd
seats is found in the convention No. 89 of the International Labour
Organization to which the Government of India
would be ... different when such exclusion offends any of the
Constitutional mandate or violates the law of the country or is opposed to public
policy ... constitutional guarantee. This is implicit from
Article 51(c) and the enabling power of Parliament to enact laws for
implementing the international conventions and norms
Physically Handicapped" persons is a constitutional objective and goal, founded on International Convention and Treaty to which Government of India is also a signatory
said content of the
Maternity Protection Convention. Therefore, it is within the
ambit of the constitutional sanctions that the said
http://www.judis ... directed
to take into account the constitutional provisions of India and the
maternity protection and convention of the International Labour
Organization, to frame guidelines