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In Re: the Kerala Education Bill, 1957. Reference Under Article 143(1) ...

Court : Supreme Court of India

Reported in : [1959]1SCR995

..... the inspiring and nobly expressed preamble to our constitution records the solemn resolve of the people of india to constitute india into a sovereign democratic republic and, amongst other things, to secure to all its citizens justice, liberty, and equality and to promote among them all fraternity assuring ..... need not, however, on this occasion go further into the matter and enter upon a discussion and express a final opinion as to whether education being a state subject being item 11 of list ii of the seventh schedule to the constitution subject only to the provisions of entries 62, 63, 64 and 66 of list i and entry 25 of list iii, the existence of a minority community should in all circumstances and for purposes of all laws of that state ..... ideal being to constitute india into a secular ..... 143(1) of the constitution of india for the opinion of this court on certain questions of law of considerable public importance that have arisen out of or touching certain provisions of the kerala education bill, 1957, hereinafter ..... this reference has been characterised as incomplete and unsatisfactory in that, according to learned counsel appearing for some of the institutions it does not clearly bring out all the constitutional defects attaching to the provisions of the bill and serious apprehension has been expressed by learned counsel before us that our opinion on these isolated abstract or hypothetical questions may ..... we the people of india have given unto ourselves the constitution which is not .....

In Re: Under Article 143(1) of the Constitution of India

Court : Supreme Court of India

Reported in : AIR1999SC1; RLW1999(1)SC168; 1998(5)SCALE629; [1998]Supp2SCR400

..... 'whereas the supreme court of india has laid down principles and prescribed procedural norms in regard to the appointment of judges of the supreme court [article 124(2) of the constitution of india], chief justices and judges of the high court [article 217(1)], and transfer of judges from one high court to another [article 222(1)], in the case of supreme court advocates-on-record association and anr. v. ..... article 143 of the constitution of india confers upon the president of india the power to refer to this court for its opinion questions of law or fact which have arisen or are likely to arise and which are of such a nature and of such public importance that is expedient to obtain such ..... the expression 'consultation with the chief justice of india' in articles 217(1) and 222(1) of the constitution of india requires consultation with a plurality of judges in the formation of the opinion of the chief justice of india. ..... ; and the executive being permitted to prevent an appointment considered to be unsuitable, for strong reasons disclosed to the chief justice of india, provide the best method, in the constitutional scheme, to achieve the constitutional purpose without conferring absolute discretion or veto upon either the judiciary or the executive, much less in any individual, be he the chief justice of india or the prime minister.the norms developed in actual practice, which have crystallised into conventions in this behalf, as visualised in the .....

Reference Under Article 317(1) of the Constitution of India, for Inqui ...

Court : Supreme Court of India

Reported in : JT2005(7)SC167; (2005)6SCC790

..... this is a reference under article 317 of the constitution of india initiated by the president of india calling for an inquiry into the alleged misbehavior of dr. h.b. ..... on such information being made available in three weeks, we would like to hear the learned attorney general for india as also all the learned counsel appearing in the case on the following issues :-(1)whether the applicability of article 74 of the constitution is attracted to a reference made by the president under article 317 of the constitution? ..... first, on point of fact we would like the union of india to supply the information and clarify if, before making the reference to this court, was there any advise by the council of ministers tendered to the president of india within the meaning of article 74 of the constitution?3. .....

In Re: U/a 317 (i) of the Constitution of India, Cpsc

Court : Supreme Court of India

Reported in : AIR2009SC3028; 2009(9)SCALE194; 2009(8)LC3762(SC)

..... the members of the staff of the commission are to be charged on the consolidated fund of the state and the chairman of the public service commission is removable only by following the procedure laid down under the constitution of india. ..... of the constitution does not define 'misbehaviour' or enumerate what acts would constitute 'misbehaviour'. ..... constitutional makers decided to have an independent body to recruit civil servants by open competition and with that object, an independent and impartial body was proposed to be constituted as the public ..... psc is constituted under article 315 of the constitution. ..... given to the chairman of the public service commission, attorney general of india and also the advocate general of the state of chattisgarh. ..... under clause (1) of article 317, the president of india referred the matter to the supreme court of india for an inquiry and report as to whether shri ashok darbari, chairman of the chattisgarh public service commission ought to be removed from the office of chairman of the commission on the grounds ..... as chairman of the public service commission, there were four other members and 50% of them did not belong to government service having 10 years experience as provided for under proviso 1 of clause (1) of article 316 of the constitution. ..... any failure on his part, or he commits any act which is not befitting the honour and prestige as a chairman of the public service commission, it would amount to misbehaviour as contemplated under the constitution. .....

H.H. Maharajadhiraja Madhav Rao Jivaji Rao ScIndia Bahadur of Gwalior ...

Court : Supreme Court of India

Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9

..... such amendment be accepted by the prince by a supplementary instrument; that nothing in the instrument shall be deemed to commit the prince in any way to acceptance of any future constitution of india or to fetter his discretion to enter into agreements with the government of india under any such future constitution, and that nothing in the instrument shall affect the continuance of the princes sovereignty in and over the state, or, save as provided by or under the instrument, the exercise ..... of madhya bharat, which is closely linked with the rest of india by a community of interests in the economic, political and other fields, it is desirable that the constitutional relationship established between this state and the dominion of india, should not only be continued as between this state and the contemp union of india but further strengthened, and the constitution of india as drafted by the constituent assembly of india, which includes duly appointed representatives of this state, provides a ..... suitable basis for doing so;i, jiwajirao madhavrao scindia, raj pramukh of the madhya bharat, now hereby declare and direct-that the constitution of india shortly to be adopted by the constituent assembly of india shall be the con stitution for the madhya bharat .....

Umaji Keshao Meshram and ors. Vs. Radhikabai, Widow of Anandrao Banapu ...

Court : Supreme Court of India

Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)

..... the existing high courts acquired a wholly different origin, nature and character from what they possessed immediately prior to the commencement of the constitution because the constitution of india is a constitutional law while the indian high courts act, 1861, the government of india act of 1915-1919 and the government of india act, 1935, were ordinary laws to emphasize this distinction made by it the full bench has referred to earlier legislations as 'imperial legislations' and the letters patent of ..... thread company's case on the ground that the jurisdiction which the single judge was exercising in that case was one under the ordinary law and not under a constitutional law, namely, the constitution of india, and that if the powers of the high court under articles 226 and 227 of the constitution were also to be made subject to the rules of the high court and the letters patent, these powers could be altered or affected by ordinary ..... 15 of the letters patent were to be read as 'the power of superintendence under the provisions of section 224 of the government of india act, 1935' when the 1935 act came into force and by the same process of interpretation when the constitution of india came into force the words 'the power of superintendence under the provisions of article 227 of the constitution' are to be read for the words 'the power of superintendence under the provisions of section 224 of the government .....

Rana Abhai Singh Vs. the Hon'ble High Court of Judicature at Patna and ...

Court : Patna

..... we are, also, conscious of the fact that compulsory retirement of an employee or an officer in terms of the service rule or in terms of the statutory power read with article 235 of the constitution of india, of the functionary like the high court is not punitive and not stigmatic but when it is questioned or assailed on the ground as aforesaid, it is incumbent upon the high court on its judicial ..... court on its administrative side in purported exercise of powers under article 235 of the constitution of india may so take a decision which is spelt out to be in violation of the statutory provisions or, on facts, is found to be irrational and unreasonable but the high court, on its judicial side, in exercise of its duty under the provisions of article 226 of the constitution of india, has to put such an impugned order in its legal shape and give justice ..... the sole issue, which is brought into focus by the petitioner, in this petition, by invocation of the constitutional writ remedy under article 226 of the constitution of india for our consideration and adjudication, has been 'as to whether the order of compulsory retirement recorded against the petitioner, who was working at the relevant time, as district & sessions judge, in ..... officer has invited a legal battle between the exercise of constitutional power under article 235 and constitutional duty under article 226 of the constitution of india in this petition for our consideration and judicial adjudication.prefatory-background3 .....

Krishna Kumar Mishra and anr. Etc. Etc. Vs. State of Bihar and ors. Et ...

Court : Patna

..... to scheduled castes and scheduled tribes citizens will come to an end in accordance with article 334 of constitution of india, such period of expiry of reservation, so far as backward class is concerned, can be made either lesser than the period, as stipulated under article 334 of constitution or conterminous, but in any case, the same cannot exceed the period as laid down under article 334 of constitution, which is applicable in the case of scheduled caste and scheduled tribe citizens.however, in absence of such ..... but the supreme court to uphold the validity of such articles 15(4) and 16(4) of constitution of india, read in between the lines and held that the limitation therein is maximum 50%.it is for the said reason, while holding that clause (3) of article 243d is conterminous with article 334 of the constitution, i uphold the validity of the same.so far as clause (4) of article 243d of constitution is concerned, it speaks of reservation in-the office of chairpersons in the panchayats at the village or any other level in favour of s.c./s.t. ..... it was submitted that such determination with respect to backward class having not been made for the purpose of article 243d of constitution of india, the definition of backward class and the schedule i of the act is fit to be set aside. .....

The Tufanialonga Tea Co. Ltd., Calcutta and anr. Vs. State of Tripura ...

Court : Guwahati

..... in this application under article 226 of the constitution of india, the petitioners have prayed for declaring the tripura tea companies (taking over of certain tea units) ordinance 1986 and the tripura tea companies (taking over of management of certain tea units) act, 1987, as ultra vires the constitution and for quashing the notification and orders issued thereunder as well as the certificate proceedings leading to the ..... chapter iii a of the tea act, 1953, are therefore provisions made by the parliament in exercise of its powers under entry 52 of list i as well -as its powers under entry 33 of list iii of the 7th schedule of the constitution which confer concurrent power in parliament and the legislature of a state to make law relating to production; supply and distribution of the products of any industry where the control of such industry by the union is declared by parliament by law ..... act in so far it also empowers the state government to takeover the management of the tea gardens of tea units is a legislation in respect of matter under entry 27 of list ii of the 7th schedule of the constitution on production of tea as a raw material and is within the exclusive powers of the state legislature and cannot be struck down on the ground that it is repugnant to the provisions in sections 16d and 16e of ..... provided by the statute against the sales of the two tea estates and the court should refuse to exercise its powers under article 226 of the constitution of india on this ground alone .....

New India Assurance Co. Ltd. Vs. Lalnghilhlovi and anr.

Court : Guwahati

..... by apex court in sadhana lodh's case : [2003]1scr567 , apart from the decision of the apex court has held that power of judicial review under article 226/227 of the constitution of india cannot be taken away and such power can be exercised when the claims tribunal or the court subordinate to the high court is found to have acted without jurisdiction, i.e. ..... settled position of law that the high court in exercise of its power under article 227 of the constitution of india cannot correct its every error unless it touches the jurisdiction of the court or it amounts to grave ..... company seeking to invoke the jurisdiction of this court under article 227 of the constitution of india, challenging the judgment and award dated 12.7.2002 passed by the learned member, m.a.c.t ..... court exercising the power under article 227 of the constitution of india, is not to act as an appellate court and ..... her son and also the amount of compensation awarded by the learned tribunal, i do not consider the present case to be the case of exceptional nature to invoke the jurisdiction under article 227 of the constitution, more so when the apex court in sadhana lodh's case : [2003]1scr567 , has held that, the right of appeal of the insurance company being a statutory right limited to the grounds available under ..... view of the rate of inflation and also the power of high court to interfere with the judgment passed by the learned tribunal in exercise of its jurisdiction under article 227 of the constitution of india.11. .....