77. According to the Chinthiti Case, section 20(2) of the Constitution emphasizes the importance of legislation to the quest for substantive equality. 78. It is the conclusion of this Court, in accordance with the above exposition of section 20 of the Constitution, that there is nothing in section 11 of the Pension Act, nor the Pension (Exemption) Order which transgresses section 20 of the Constitution. Equality claims must be considered within the context of structural and systemic factors as well as institutional and social arrangements. Section 30 of the Constitution – Right to Development 79. Section 30 of the Constitution reads as follows: - (1) All persons and peoples have a right to development and therefore to the enjoyment of economic, social, cultural and political development and women, children and persons with disabilities in particular shall be given special consideration in the application of this right. (2) The State shall take all necessary measures for the realization of the right to development. Such measures shall include, amongst other things, equality of opportunity for all in their access to basic resources, education, health services, food, shelter, employment and infrastructure. (3) The State shall take measures to introduce reforms aimed at eradicating social injustices and inequalities. (4) The State has a responsibility to respect the right to development and to justify its policies in accordance with this responsibility. Page 29 of 45

Select target paragraph3