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Restiction on transfer of articleship  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. But if this infringement is taken to the apex court, ICAI 's image will further be brought down to the streets.
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.............
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.
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.......................!!!!!!!!!!!!!!!!!!
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
Aap logo ki baat sahi hai yaar ! But hum ye transfer k restiction ko hatane k liye kya kar sakte hai ? please reply
^ kuch nai madam!
kya yaar ! Ku6 to idea hoga ?
^ haa agar uttam prakash ke office mei ghuske uski khopdi pe gun rakhke ke kuch ho sakta hai :p
hey ku6 realistic idea batao yaar
^ yaar agar kuch idea hota to maine khud abhi tak try kar liya hota...
ab new president ka wait karo coz mujhe kisi ne bataya ki Govt ICAI ke transfer pe ban wale action ke against hai so shayad koi amendment aa jaye...
ye news andar ki khabar hai mujhese iska source n all mat poochna...
either believe it or move on!
SAARI MEDIA IKATHTHA KARO.............ICAI KE BAHAR JA KAR DHARNA DO...............
PRESIDENT BAHAR AAYEGA, DEKHEGA YE SAB, USKI KURSI PAR BAN AAYEGI.....!!!!!!!!!!!! APNE AAP ACTION LEGA...!!!!!!!!!!!!
CAclubindia
