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Test: Air India v Nargesh Meerza - Question 1

What was the main legal contention in the case of Air India v Nargesh Meerza?

Detailed Solution for Test: Air India v Nargesh Meerza - Question 1
The main legal contention in the case of Air India v Nargesh Meerza revolved around the alleged infringement of the right to equality guaranteed by Article 14 of the Indian Constitution concerning the service regulations for Air Hostesses in Air India International and Indian Air Lines. This case specifically addressed issues such as retirement age, termination upon marriage or pregnancy, and other terms governing Air Hostesses' employment.
Test: Air India v Nargesh Meerza - Question 2

What entities were established by the Air Corporation Act of 1953?

Detailed Solution for Test: Air India v Nargesh Meerza - Question 2
The Air Corporation Act of 1953 established two entities: Air India International and Indian Air Lines, both created by the Central Government. Air India International operated international flights, while Indian Air Lines managed domestic flights within India. The regulations governing Air Hostesses working for these entities differed, particularly concerning retirement age and other service terms, as outlined in the Act.
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Test: Air India v Nargesh Meerza - Question 3

What was the purpose of the Air Corporation Act of 1953 in relation to the establishment of Air India International and Indian Air Lines?

Detailed Solution for Test: Air India v Nargesh Meerza - Question 3
The Air Corporation Act of 1953 was instrumental in establishing two distinct entities, namely Air India International for international flights and Indian Air Lines for managing domestic flights within India. This division of responsibilities allowed for a more focused approach in catering to the specific needs of international and domestic air travel, streamlining operations and services accordingly.
Test: Air India v Nargesh Meerza - Question 4
How do Regulations 46 & 47 in the Indian Constitution impact employment conditions in the aviation industry?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 4
Regulations 46 & 47 of the Indian Constitution play a crucial role in aligning employment regulations with constitutional rights, particularly concerning gender equality and employment conditions in the aviation industry. These regulations are designed to ensure fair treatment, non-discrimination, and the protection of fundamental rights within the aviation sector.
Test: Air India v Nargesh Meerza - Question 5
Why is it important to evaluate if discretionary powers outlined in Regulation 47 constitute excessive delegation?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 5
Evaluating whether the discretionary powers outlined in Regulation 47 amount to excessive delegation is crucial to safeguard against potential misuse or abuse of authority. By assessing the extent of discretion granted and its implications, regulatory frameworks can ensure that decision-making processes remain transparent, accountable, and aligned with the principles of good governance.
Test: Air India v Nargesh Meerza - Question 6
What fundamental right in India ensures that every individual is treated equally before the law and prohibits discrimination based on religion, race, caste, sex, or place of birth?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 6
Article 14 of The Constitution of India guarantees the right to equality before the law and ensures that no individual can be discriminated against based on factors such as religion, race, caste, sex, or place of birth. This fundamental right forms the bedrock of a just and equitable society by promoting equal treatment and non-discrimination under the law.
Test: Air India v Nargesh Meerza - Question 7
Which article of The Constitution of India aims to ensure equality of opportunity in public employment and provides a level playing field for all individuals seeking public employment?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 7
Article 16 of The Constitution of India focuses on guaranteeing equality of opportunity in matters of public employment. By providing a fair and impartial recruitment process, this article aims to create a merit-based system that allows individuals from diverse backgrounds to compete on a level playing field for employment in the public sector. This provision plays a crucial role in promoting inclusivity and fairness in public employment opportunities.
Test: Air India v Nargesh Meerza - Question 8
What was one of the primary grievances raised by the Air Hostesses regarding their treatment compared to their colleagues on other Air India flights?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 8
The Air Hostesses highlighted discriminatory treatment based on their service location as one of their primary concerns. They argued that those serving on flights to the United Kingdom faced unjust treatment compared to their colleagues on other Air India flights. This differentiation was considered discriminatory and against the principles of equality.
Test: Air India v Nargesh Meerza - Question 9
Under what circumstances can the Managing Director extend an employee's service beyond the retirement age?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 9
The Managing Director can extend an employee's service beyond the retirement age by one year at a time, subject to the employee's medical fitness. This extension is crucial and must align with the individual's health condition to ensure continued productivity and contribution to the organization. Such extensions beyond retirement age are typically granted based on the employee's fitness to perform their duties effectively.
Test: Air India v Nargesh Meerza - Question 10
According to the arguments presented by the Management in the Air India v Nargesh Meerza case, why did they believe that claims of discrimination or Article 14 violations regarding Aircraft Hostesses (AHs) were irrelevant?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 10
The Management argued that claims of discrimination or Article 14 violations concerning Aircraft Hostesses (AHs) were irrelevant because they considered AHs to be in a distinct job category compared to pursers. They highlighted differences in job functions, recruitment methods, qualifications, promotion opportunities, and retirement circumstances between AHs and pursers, making claims of discrimination within the same class irrelevant. This distinction was a key point in their argument to support their position in the case.
Test: Air India v Nargesh Meerza - Question 11
According to the arguments presented by the Management in the Air India v Nargesh Meerza case, why did they assert that claims of discrimination or Article 14 violations were irrelevant regarding Aircraft Hostesses (AHs) compared to pursers?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 11
The Management in the Air India v Nargesh Meerza case argued that Aircraft Hostesses (AHs) are in a distinct job category compared to pursers due to differences in their job functions, recruitment methods, qualifications, promotion opportunities, and retirement circumstances. Therefore, claims of discrimination or Article 14 violations were considered irrelevant because Article 14 pertains to discrimination within the same class. This distinction was crucial in their argument to support their stance on the issue.
Test: Air India v Nargesh Meerza - Question 12
According to the analysis in Air India v Nargesh Meerza, what did the Court rule regarding the objectionable parts of the Regulation?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 12
The Court in Air India v Nargesh Meerza ruled that the objectionable parts of the Regulation can be separated without striking down the entire Regulation. This decision highlights the Court's approach to addressing specific issues within the Regulation without invalidating the entire set of rules. It demonstrates a nuanced understanding of legal interpretation and the ability to pinpoint and rectify problematic sections while upholding the rest of the regulatory framework.
Test: Air India v Nargesh Meerza - Question 13
What key principle can be derived from the Court's analysis in Air India v Nargesh Meerza regarding discrimination under Article 14 of the Constitution?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 13
The key principle derived from the Court's analysis in Air India v Nargesh Meerza is that discrimination under Article 14 occurs when equals are treated differently without a reasonable basis. This principle underscores the importance of fairness and equality under the law, emphasizing that differentiation in treatment must be justified by valid reasons to avoid violating the constitutional right to equality of opportunity.
Test: Air India v Nargesh Meerza - Question 14
What is the primary consideration when carving out a separate category within a class of service?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 14
When creating distinct categories within a class of service, special attributes specific to the category not found in other classes are a key consideration. This differentiation helps in justifying the separate treatment of individuals belonging to these specific categories.
Test: Air India v Nargesh Meerza - Question 15
According to the analysis provided, which action regarding Air Hostesses was deemed unreasonable and in violation of Article 14?
Detailed Solution for Test: Air India v Nargesh Meerza - Question 15
The provisions requiring Air Hostesses not to marry within four years and terminating services upon pregnancy were considered unreasonable and a violation of Article 14, which prohibits discriminatory treatment without a rational basis. This illustrates the importance of upholding equality and fairness in employment practices.
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