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Breaking of constitution

Poonam (article) (312 Points)

06 October 2009

Restiction on transfer of articleship Â is an infringement of constitution ...Article 19 gives the freedom to pursue any education/vocation by a citizen of india...PRobably our President thinks we are all aliens so we deserve this.Â But if this infringement is taken to the apex court, ICAI 's image will further be brought down to the streets.

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11 Replies

CA. ANKUR JAIN (CA.....) (2800 Points)
Replied 06 October 2009

Hmmmmmmmmmmmm....... but who will take to the apex court and finally wat will apex court do???????

Remember under RTI act institute got decision against it but still they have got stay and fighting yet.............

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Max Payne (employed) (2569 Points)
Replied 06 October 2009

If anyone can clarify.. we signed a bit of paper saying that we shall comply with the rules regulations and guidelines framed by ICAI while pursuing the CA course as laid down from time to time. ICAI has been given the power by Act of Parliament to regulate the CA profession and CA course... Does the test of constitutional validity subsist?

I dont think we can really take this anywhere in court.

Ashish M (Chartered Accountant) (2731 Points)
Replied 06 October 2009

AN EXTRACT FROM THE CONSTITUTION...

" Right to Freedom
19. (1) All citizens shall have the right—

(a) ..................................

(b) .......................

(g) to practise any profession, or to carry on any
occupation, trade or business.

...................................................................................................................................

................................................................................

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,—
(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade,
business, industry or service, whether to the exclusion, complete"

..........................................................................................................................................................

"In this Part, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and................"

Sub-article (6) gives the power to the Institute to make such law.......................!!!!!!!!!!!!!!!!!!

jose.p (CA in service) (1676 Points)
Replied 07 October 2009

Infringement of freedom occurs during Emergency(the one Indira gandhi brought). For crushing fundamental rights at any point of time; u need 3/4 th majority in parliament which has to be revised periodically. That occurs in times of war alien attack, economic slump,natural calamities