Court : Supreme Court of India
Reported in : AIR1995SC2089; JT1995(5)SC205; 1996(7)KarLJ752; 1995(4)SCALE113; (1995)4SCC646; [1995]Supp1SCR745
..... owing their allegiance to ramakrishna mission or ramakrishna math belong to religious denomination within hindu religion or a section thereof as would entitle them to claim the fundamental rights conferred on either of them under article 26 of the constitution of india and answer point-2, accordingly, in the affirmative.point-3:since we have held while dealing with point-2 which arose for our consideration that the persons belonging to or owing allegiance to ramakrishna mission or ramakrishna math ..... or the other by the state government, should not have been fund favour by the learned judges of the high court for declaration that ramakrishna religion as a minority religion entitled to protection under article 30(1) of the constitution of india, when such claim made on behalf of ramakrishna mission was based not on the sayings, teachings, preaching of practices of ramakrishna and swami vivekananda pertaining to hinduism not tied-down to any definite philosophic concepts ..... teachings of ramakrishna and have become his followers, claim to belong to a minority based on ramakrishna religion which was distinct and different from hindu religion and as such entitled to the fundamental right under article 30(1) of the constitution of india, of establishing and administering educational institutions of their choice through ramakrishna mission or its branches in that state?2. do persons belonging to or owing allegiance to ramakrishna mission belong to a religious denomination or any section thereof .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC2219; JT1992(5)SC1; 1992(2)SCALE257; (1992)4SCC506; [1992]Supp1SCR108
..... in this writ petition under article 32 of the constitution of india, certain constitutional issues have been raised which are to be decided on the construction of article 124 of the constitution of india and the judges (inquiry) act, 1968 read with the judges (inquiry) rules, 1969 framed thereunder, in the background of the law declared in sub ..... and constitutional position in this behalf on the points in controversy in the above decision, the union of india took the necessary steps to act in aid of the decision of the speaker of the ninth lok sabha and the requisite notification was also issued in respect of the two sitting judges of the committee as required by para 11(b)(i) of part d of the second schedule to the constitution of india.8. ..... needed for the exercise of this power which is granted by the constitution of india to the superior ..... judge of this court with the allegations that he committed, in his administrative capacity as chief justice of punjab & haryana high court, financial irregularities which constitute misbehaviour within the meaning of article 124(4) of the constitution of india. mr. ..... the constitution of malaysia is similar to article 124 of the constitution of ..... removal of the judge is adopted by the requisite majority by the parliament culminating in the order of removal by the president of india under article 124(4) of the constitution, then only the concerned judge would have the remedy of judicial review available on the permissible grounds against the order of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... . speaking on behalf of and in the name of the people of india, they said, their object has been to constitute india into a 'sovereign democratic republic', and to secure to all its citizens social justice, liberty of belief, faith and worship, and equality of status and opportunity ..... . where in his work 'federal government'what makes one doubt that the constitution of india is strictly and fully federal, however, are the powers of intervention in the affairs of the states given by the constitution to the central government and parliament.364 ..... . it must also be realised that unlike the constitution of the united states of america which recognises dual citizenship (section 1(1), fourteenth amendment), the constitution of india, article 5, does not recognise the concept of dual citizenship ..... . it is and undeniable fact that the constitution of india was ordained and established by the people of india for themselves for their own governance and not for the governance of individual states ..... . these limitations taken together indicate that the constitution of india cannot be said to be truly federal in character as understood by lawyers in the united states of america.360 ..... . the preamble of our constitution shows that the people of india had resolved to constitute india into a sovereign secular democratic republic and promised to secure to all its citizens justice, liberty and equality and to promote among them all fraternity assuring the dignity of the individual and the unity and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2342; JT1994(3)SC372; (1994)IILLJ1220SC; 1994(2)SCALE609; (1994)5SCC282; [1994]3SCR563
..... articles 14, 15 and 16, it must be remembered that the existing rules of 1974 had undergone a change when by notification dated 17.11.1980 the following paragraph was added :in exercise of the powers conferred by the provision of article 309 of the constitution of india, the governor of sikkim is pleased to adopt the sikkim government establishment rules 1974 as the rules regarding recruitment and conditions of service of persons appointed to the services and posts in connection with the affairs of the ..... , 1975, promulgated under clause (1) of article 371f of the constitution of india, inserted by the constitution india, inserted by the constitution (thirty-sixth amendment) act, 1975. ..... have already indicated the politico-legal scenario which existed immediately before the sikkimese people through their leaders desired to associate themselves with india and the reasons which prevailed for introducing the 35th and 36th amendments to the constitution of india ultimate ly admitting the state of sikkim as one of the states in the first schedule to the constitution ..... . this development would show that sikkim which was a british protectorate under the british paramountcy until 1947 came within the protectorate of india under the treaty of 3rd december, 1950 and later became an associate state by the insertion of article 2a in the constitution by the 35th amendment on the terms and conditions set out in the tenth schedule and soon therefore, by the 36th amendment article 2a was deleted and full .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1927; JT1989(4)SC267; 1989(2)SCALE1045; (1990)1SCC109; [1989]Supp1SCR623
..... it may be mentioned that the word 'industries' is the analogous provision in the state list under the constitution of india, 1950, hence, the meaning given to it in that list, must be applied. ..... the constitution of india, it has to be borne in mind, like most other constitutions, is an organic document. ..... by virtue of the constitution of india which came into effect from 26th january, 1950 the powers of legislation in respect of alcohol were distributed between list i and list ii of the 7th schedule to the constitution. ..... in view of the assent by the president and the enactment being later in point of time in accordance with article 254 of the constitution of india.61. ..... the state's privilege to completely prohibit or farm out liquor containing alcohol for human consumption does not comprehend, according to the union of india, a similar right of a state with regard to other intoxicating liquids containing alcohol, according to the union of india, to so prohibit or collect fee for farming out, would be unconstitutional under article 19(1)(g) of the constitution on the same principle on which the provisions of the bombay act were struck down in balsara's case. ..... it was further submitted that the union of india has no power to effect the levy as levy was pre-constitutional law and further as the expression 'alcoholic liquor for human consumption' in list i and the residuary entry 97 of list i of the 7th schodule, will not operate as against its own legislative intent. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; [1991]3SCR189a
..... of the high court from his office it -will do away with the independence of the judiciary and will bring the judiciary under the control of the executive indirectly in as much as under article 74 of the constitution of india, the president while exercising his executive power has to act on the aid and advice of the council of ministers with the prime minister at the head, as has been held by this court in shamsher singh and ..... by a certificate granted by the high court under articles 132(1) and 134(1)(c) of the constitution of india in view of the important questions of law involved for decision.100. ..... he argued that the special provisions in the constitution of india relating to the judges of the high courts and the supreme court clearly indicate that they are not within the purview of the act and that after their appointment in the manner prescribed, they are wholly immune from executive influence, their tenure being fixed by the constitution, except for removal in the manner prescribed ..... appellant that since the judge of the supreme court as well as of the high court is a constitutional functionary and there is no employer and employee relationship or master and servant relationship between the judge and the president of india and for that the central government or the state government there is no authority to remove the judge from his office by the executive except by taking recourse to procedure of impeachment as envisaged in article 124(4) and (5) of the constitution of india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321
..... the methodology based on caste alone is unconstitutional as it violates articles 16(2) 'and 16(4) of the constitution of india.vii) the mandal report invents castes even for non-hindus. ..... independence after the end of british paramount and forty-two years from the advent of our constitution have marched on, the tormenting enigma that often nags the people of india is whether the principle of 'equality of status and of opportunity' to be equally provided to all the citizens of our country from cradle to grave is satisfactorily consummated and whether the clarion of 'equality of opportunity in matters of public employment' enshrined in article 16(4) of the constitution of india has been called into action? ..... rao on the other hand vehemently argued that the constitution of india, with secularism and equality of opportunity as its basic features, does not brook an argument of the type advanced by mr ..... by a presidential order under article 340 of the constitution of india, the first backward class commission known as kaka kalelkar's commission was set up on january 29, 1953 and it submitted its report on march 30, ,1955 listing out 2399 castes as socially and educationally backward on the basis of ..... central government has also appointed two commissions under article 340(1) of the constitution of india for identifying the backward class of citizens as contemplated under article 16(4) for the purpose of making reservation of appointments or posts in the services under union of india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472
..... discussion:(a) the property taxes levied by and under the punjab municipal act, 1911, the new delhi municipal council act, 1994 and the delhi municipal corporation act, 1957 constitute 'union taxation' within the meaning of clause (1) of article 289 of the constitution of india; (b) the levy of property taxes under the aforesaid enactments on lands and/or buildings belonging to the state governments is invalid and incompetent by virtue of the mandate contained in clause ..... exempt from union taxation; the undefined phrase 'union taxation' in article 289(1) would mean all taxes which the union is empowered to impose; under the constitutional scheme and, specifically under part viii of the constitution, union territories are to be administered by the president of india through the laws of parliament; parliament is the law-making body for all union territories and by virtue of article 246(4), while legislating for union territories, ..... of this law to the union territory of delhi was, therefore, not by the authority of the state, legislature but that of the central legislature, that is, the central legislature under the government of india act followed by the central legislature under the constitution of india, that is, the parliament of india.... ..... article 289(1) of the constitution of india declares that the 'property and income of a state shall be ..... under the constitution of india, as initially enacted, the states were divided into part a states, part b states, part c states and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC361; 2003(4)CTC477; [2004(1)JCR140(SC)]; JT2003(8)SC296; (2003)11SCC146; (2004)1UPLBEC279
..... yet to be perceived by the court which would moot all situations while laying down emphasis for achieving excellence in all spheres of life keeping in view chapter iv-a of the constitution of india which provide for fundamental duties, circumstances and compulsions faced by the state in this behalf led the courts to uphold a statute providing for reservation for a special class of people ..... pradeep jain's case (supra) which is binding on all concerned in view of the provisions contained in articles 141, 142, 143 and 144 of the constitution of india, may not depart therefrom in view of the fact that this court in magan mehrotra's case (supra) upon issuance of notice to all states had clearly directed that the law relating to institutional preference laid down ..... the learned counsel submitted that in the matter of reservation the state must scrupulously follow the requirements of clause (4) of article 15 of the constitution of india, namely, that the same is needed for the weaker section of society or a homogeneous class and identified by a presidential order issued in ..... parliament having regard to entry 66, list i of the seventh schedule of the constitution of india has the legislative competence which would take care of the country as a ..... question that arises for consideration is, whether the reservation on the basis of domicile is impermissible in terms of clause (1) of article 15 of the constitution of india the term 'place of birth' occurs in clause (1) of article 15 but not 'domicile'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(1)SC374; 1993(1)SCALE363; 1994Supp(1)SCC191
..... immorality perpetrated by the indian parliament, that too in the exercise of its constituent powers and that the justice, fairness and reasonableness is the soul, spirit and the conscience of the constitution of india as framed originally and that the impugned amendment act constitutes an unholy assault on that spirit which is impermissible and beyond the amending powers of the parliament under article 368 of the ..... paper: at page 115 it is said:with the inauguration of the new constitution the merged states have lost all vestiges of existence as separate entities; and at page 130; the new constitution of india gives expression to the changed conception of indian unity brought about by...the unionisation of states....and at page 131:unlike the scheme of 1935 the new constitution is not an alliance between democracies and dynasties but a real union of ..... it was decided in consultation with the government of the united states that the constitution of india as framed by the constituent assembly of india should itself contain all the necessary provisions governing the constitutional structure of the united states as well as the provisions for the guarantee contained ..... sovereignty in successive stages, firstly on accession to the dominion of india, secondly on integration of the states into sizeable administrative units and on closer accession to the dominion of india and finally on adoption of the constitution of india and extinction of the separate existence of the states and unions of .....
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