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Exchange: Dr. Amirthalingam. S

An exchange is a transaction where two parties mutually transfer ownership of goods or property to each other. The ownership can be transferred for money or other goods. A transfer of property in an exchange must be conducted in the same way a transfer would be made under a sale of that type of property.

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Vishal Anand
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59 views15 pages

Exchange: Dr. Amirthalingam. S

An exchange is a transaction where two parties mutually transfer ownership of goods or property to each other. The ownership can be transferred for money or other goods. A transfer of property in an exchange must be conducted in the same way a transfer would be made under a sale of that type of property.

Uploaded by

Vishal Anand
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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EXCHANGE

Dr. Amirthalingam. S
Associate Professor of Law
TNNLS
Trichy
EXCHANGE

When two persons mutually transfer the


ownership of one thing for the ownership of
another, neither thing or both things being
money only, the transaction is called an
exchange.

A transfer of property in completion of


exchange can be made only in manner
provided for the transfer of such property by
sale.
EXCHANGE

 Guaranteed against State and its Actions


 P.D. Shamdasani vs Central Bank of India
 It is a limitation on Government’s Power
 Enforceable – Art 13 (2)- Judicial Review
 No waiver
 Not absolute – Reasonable Restrictions
 Suspension
 Art 358 - National Emergency – Art 19 is suspended
 Art 359 - Suspension of Enforcement – Arts 20 & 21
 Bill of Rights
ESSENTIALS

 Parties

 Subject matter
 Money
 No waiver
 Not absolute – Reasonable Restrictions
 Suspension
 Art 358 - National Emergency – Art 19 is suspended
 Art 359 - Suspension of Enforcement – Arts 20 & 21
 Bill of Rights
Part IV – Directive Principles of
State Policy – An Introduction

 Borrowed From Irish Constitution


 Active Obligations
 Fundamental in Governance
 Lay down the ideals of the Government
 Not Enforceable – Art 37
Human Rights

 Both Carry Common Theme of Human


Rights
 Kinds of Human Rights
 Civil & Political Rights – First Generation Rights
 Economic and Social Rights – Second Generation
Rights
 Solidarity Rights – Third Generation Rights
 New definition – 3 Ds
 Without one right others cannot be realized
Comparison
 Satyavan v. Raghubir
 Nivrutti Kushaba Binnar v. Sakhibai
 T. Bhaskara Rao v. Tangellamudi Gabriel
 Part III - Civil & Political Rights
 Part IV – Economic and Social Rights - Social Charter
The Relationship
 Can be viewed from both sides

 Four Stages / Periods from Part IV Perspective

 Subsidiary Period
 Harmonious Construction Period
 Enforcement Period
 Primacy Period
Subsidiary Period

 Reliance was placed on Art 37

 State of Madras vs Champagam Dorairajan


(1951)
 Part IV runs as subsidiary to Part III
Harmonious Construction Period

 C.B Boarding and Lodging vs State of


Mysore (1970)
 They are “complementary and supplementary to
each other”
 Minerva Mills Ltd. Union of India (1980)
 Harmony and balance between Part III and Part Iv is an
essential feature of the basic structure of the
Constitution
Enforcement Period
 Indirect Enforcement
 Part IV was used to Justify Restrictions to Part III
 Used to determine the reasonableness – Art 14 -
Reasonable Classification – Art 19 Reasonable
Restrictions
 Kasturi Lal Lakshmi Reddy vs State of J&K
 DPSP Concretise and give shape to the concept of
reasonableness envisaged in Arts 14, 19, and 21.
 Un-enumerated rights read into Part III
 Bandhua Mukti Morcha case; Mohini Jain case
Primacy Period
 25th Amendment in 1971- Art 31
 No law which is intended to give effect to give directive
principles in Arts 39(b) and ( c ) shall deemed to be void on
the ground that it is inconsistent with or takes away or
abridges any rights conferred by Arts 14 or 19.
 42nd Amendment in 1976 – to all directives
 In Minerva Mills case 4:1 struck down Art 31 C – No
Absolute Primacy
 Waman Rao vs UoI - Vital for the Welfare of the people &
do not violate Arts 14 and 19.
 Sanjeev Coke Mfg. Co. vs Bharat Coking Coal Ltd (1986)
 State of TN vs Abu Kavar Bai (1984)
Conclusion
 State of Gujarat vs Mirzapur Moti Kureshi
Kassab Jamat (2005) – total ban on the
slaughter of the cow was upheld drawing
support from Art.48 irrespective of Art.19 (1)
(g)
 Interrelationship between civil and political
rights and economic and social rights and its
impact
Conclusion Cont…..
 Part IV contains many economic and social
rights and thus imposes an obligation/duty on
state
 Generally speaking Part IV is made not
enforceable as its implementation would
depend on financial capabilities of the state
 If the state has capacity to implement Part IV,
it is enforced as Part III
 At times primacy is given to part IV over Part
III to realize socio economic justice found in
the Preamble
Any Questions?

A Big
Thank You
For
Patient Hearing

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