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1 - 10 of 10 (0.23 seconds)Article 19 in Constitution of India [Constitution]
Maintenance of Internal Security Act, 1971
The Representation Of The People Act, 1950
Article 16 in Constitution of India [Constitution]
M.H. Devendrappa vs The Karnataka State Small ... on 17 February, 1998
13. Politics is not a crime. It is an art or a science of governance. In democracy, a political activity by a group or party formed with certain ideal is designed to achieve it's objective of political power for governance of the country in accordance with its ideals. It is not an occupation but a conviction or opinion. Unless the service rules debar a teacher from engaging himself in any political activities, he is free to pursue his activities political or otherwise unless it is against social or national interest and it does not disturb the balance of interest of an individual as a citizen with his duties towards a welfare state. The Apex Court in M. H. Devendrappa (supra) explained the ambit of Article 19 by observing :
Telangana Intermediate Education Act, 1971
Sarnam Singh vs Smt. Pushpa Devi & Ors on 27 October, 1987
16. Though the case before this Court in Sarnam Singh (supra), was with regard to Representation of Peoples Act but the principles can be applied gainfully to the present case also. The petitioner was a teacher in
a private aided institution. Under the Act, Regulations and Rules, there was no bar that the petitioner could not join any political party, even after joining as teacher. The arrest of the petitioner under the National Security Act by the administration was beyond the control of the petitioner and he was confined in Jail, which was also beyond his control. The arrest of the petitioner by itself cannot be construed as hampering studies in an institution without any further material in this regard.
Anukul Chandra Pradhan, Advocate, ... vs Union Of India & Ors on 9 July, 1997
17. The petitioner was a member of Bhartiya Janta Party. He was arrested under the National Security Act as a preventive measure. The petitioner has earlier been arrested under the Maintenance of Internal Security Act and National Security Act but no action was taken against him and he was paid salary on Intervention of the Government. There has to be a distinction between a criminal activity and political activity. An employee charged with criminal offence or convicted for an offence may be dismissed from service. However, an employee who is arrested or detained as preventive measure being a political leader cannot be dismissed from service unless he is convicted for any offence. The Apex Court in Anukul Chandra Pradhan v. Union of India and others. AIR 1997 SC 2814, held as under :
Article 14 in Constitution of India [Constitution]
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