Court : Supreme Court of India
Reported in : JT2009(7)SC601; 2009(8)SCALE351; (2009)7SCC104
..... to any judicial office, would it not amount to interfering with the independence of the judiciary contrary to article 50 of the constitution of india ?iv) whether the expression 'is or has been a judge of the high court' in section 16 would include even a judge, who had demitted office on account of impeachment or unsuitability to hold a judicial office ?v) whether an ..... appointment to any judicial office under the consumer protection act, 1986 or any other similar offices in other tribunals & commissions ?ii) since an independent and fair judiciary is part of the basic structure of the constitution of india, can a person found wanting in the necessary intellectual and moral requirements to be a judge, be considered again for any other judicial office ?iii) if the government considers and appoints such a person ..... of a person to be considered for appointment as a chairman of a state commission having regard to the provisions contained in article 217 of the constitution of india has been assumed by this court to be available for the eligible persons who are retired judges which would mean that those judges who had retired ..... whether the condition `has been a judge' is not necessary to be construed for the purpose of article 217 of the constitution of india, it is required for the purpose of interpreting section 16 of the act as to whether he should be recommended for being .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1295; 2003(10)SCALE14; (2004)1SCC712
..... learned single judge of the high court vide judgment dated september 10, 1990, allowed the writ petition, holding the ordinance to be ultra vires of the constitution of india, violating articles 14, 19(1)(a) and 19(1)(c) thereof and also beyond the legislative competence of the parliament. ..... continues to survive as before and, therefore, the question of any fundamental right within the meaning of sub-clauses (a) and (c) of clause (1) of article 19 of the constitution of india having been breached, does not arise. ..... 3 of 2001), promulgated by the president of india on may 8, 2001, in exercise of the powers conferred by clause (1) of article 123 of the constitution of india, during the pendency of this petition the ordinance came to be replaced by an act of parliament, namely, the indian council of world affairs act, 2001 (act ..... the petitions have been filed under article 32 of the constitution of india and respectively allege the ordinance and the act to be violative of articles 14, 19(1)(a), 19(1)(c) and 300a of the constitution. ..... institution, the indian council of world affairs, is an institution of national importance, the impugned enactment is protected by entries 62 and 63 of list i of the seventh schedule to the constitution of india. 14. ..... has resulted in violating the right of the writ petitioners to the freedom of speech and expression and to form associations or unions as conferred on citizens by sub-clauses (a) and (c) of clause (1) of article 19 of the constitution of india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
..... whole structure of the indian agriculture and its economic system.in order to give effect to the policy of the state towards securing the principles laid down in articles 47, 48 and clause (b) and (c) of article 39 of the constitution of india, it was considered necessary also to impose total prohibition against slaughter of progeny of cow.as the gujarat legislative assembly was not in session the bombay animal preservation (gujarat amendment) ordinance, 1993 to amend the said act ..... of the indian agriculture and its economic system;and whereas it is expedient to give effect to the policy of the state towards securing the principles laid down in articles 47, 48 and in clauses (b) and (c) of articles 39 of the constitution of india and to protect, preserve and sustain cow and its progeny;'the statement of objects and reasons and the facts set out therein are of relevance and significance and hence are reproduced hereunder:'the ..... 2005, a three-judge bench of this court, before which the appeals came up for hearing directed the matter to be placed for hearing before a constitution bench in the following terms of the order :'parties to these appeals agree that the issue involved in these appeals requires interpretation of the provisions of the constitution of india especially in regard to the status of directive principles vis-a-vis the fundamental rights as well as the effect of introduction of articles 31c and 51a in ..... debates, vol.7, at page 41)' (see: the constitution of india, d.j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
..... the decision in re : the berubari union and exchange of enclaves, reference under article 143(1) of the constitution of india : [1960]3scr250 , to the effect that preamble to the constitution was not part of the constitution was disapproved in kesavananda bharati's case (supra) and it was held that it is a part of the constitution and the preamble to the constitution is of extreme importance and the constitution should be read and interpreted in the light of the grand and noble visions envisaged in the preamble. ..... point b, we hold:that having regard to the background and evolution of the principles underlying the constitution (52nd amendment) act, 1985, in so far as it seeks to introduce the tenth schedule in the constitution of india, the provisions of paragraph 7 of the tenth schedule of the constitution in terms and in effect bring about a change in the operation and effect to articles 136, 226 and 227 of the constitution of india and, therefore, the amendment would require to be ratified in accordance with the proviso to sub- ..... : air1973sc1461 case also, while considering the extent and scope of the power of amendment under article 368 of the constitution of india, the constitution of the united states of america was extensively referred to and ray, j. ..... be noticed that there are structural differences in the constitution of india and the constitution of the united states of america. ..... 5 of 2007 is violative of article 14 of the constitution of india and is thus unconstitutional.33. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1
..... this will also avert the situation where even the order of the chief justice of india could be challenged before a single judge of the high court invoking the article 226 of the constitution of india or before an arbitral tribunal, consisting not necessarily of legally trained persons and their coming to a conclusion that their constitution by the chief justice was not warranted in the absence of an arbitration agreement or in the absence of a dispute in terms of the agreement.32. ..... the object of minimizing judicial intervention while the matter is in the process of being arbitrated upon, will certainly be defeated if the high court could be approached under article 227 of the constitution of india or under article 226 of the constitution of india against every order made by the arbitral tribunal. ..... the high court under article 227 of the constitution of india cannot assume unlimited prerogative to correct all species of hardship or wrong decisions. ..... keeping in view the legislative scheme, this court said;'before parting with this judgment we would like to say that the high court was not justified in extending its jurisdiction under article 227 of the constitution of india in the present case. ..... (vii) since an order passed by the chief justice of the high court or by the designated judge of that court is a judicial order, an appeal will lie against that order only under article 136 of the constitution of india to the supreme court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC71; 2006(4)AWC4054(SC); [2007(1)JCR147(SC)]; JT2006(9)SC191; 2006(6)KarLJ529; 2006(10)SCALE301; (2006)8SCC212
..... concept of 'public employment' unlike right to property is socialistic and, therefore, falls within the preamble to the constitution which states that we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic. ..... the constitution (seventy-seventh amendment) act, 1995[assented on 17th june, 1995, and came into force on 17.6.1995]an act further to amend the constitution of india be it enacted by parliament in the forty- sixth year of the republic of india as follows: ..... amendment in the constitution would enable the state to restore the position as was prevalent before august 29, 1997.the bill seeks to achieve the aforesaid object.the constitution (eighty-first amendment) act, 2000(assented on 9th june, 2000 and came into force 9.6.2000) an act further to amend the constitution of india. ..... bill seeks to achieve the aforesaid objects.the constitution (eighty-fifth amendment) act, 2001 the following act of parliament received the assent of the president on the 4th january, 2002 and is published for general information:an act further to amend the constitution of india. ..... union of india, however, observed that reservation of appointments or posts under article 16(4) of the constitution is confined to initial appointment and cannot extent to reservation in the matter of ..... india is constituted into a sovereign, democratic republic to secure to all its citizens, fraternity assuring the dignity of the individual and the unity of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1406; [1963]1SCR491
..... were mainly there - (1) that it be declared that the rajasthan motor vehicles taxation act of 1951 and the rules made thereunder are invalid and not in accordance with the provisions of the constitution of india and consequently null and void and inoperative, and (2) that a writ of prohibition or mandamus or any other appropriate writ, direction or order directing the respondents not to realise any tax from ..... : 'we are inclined ourselves to think that the easier and more speedy approach to the desired end can be obtained by reorganising the constitution of india on a federal basis in such a way that individual states or groups of states may have the opportunity of entering as soon as they ..... be to consider (i) the position of the states in the indian constitution with plenary powers in their respective fields; (ii) the historical background of section 297 of the government of india act, 1935; (iii) the decisions of the australian cases upto 1950 when the constitution of india was made; and (iv) part xiii of the constitution as compared and contrasted with part iii and part xii thereof. ..... articles in part xiii we must have regard to the general scheme of the constitution of india with special reference to part iii (fundamental rights), part xiii (finance property etc ..... when drafting the constitution of india, the constituent assembly being aware of the problems in various countries where freedom of trade, commerce and intercourse has been provided differently and also the way the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1975Delhi223; ILR1975Delhi84
..... expression 'state' would be regulated by the original definition under the general clauses act or the one that emerged after the adaptation of laws order 1956 pursuant to article 372a of the constitution of india, was, however, answered, by the supreme court in the negative and it was held that the new definition which was a result of modifications and adaptations under article 372a would not ..... behalf and no such law has been made by parliament: that 'union taxation' would mean taxes which the union is empowered to impose; that by virtue of article 265 of the constitution of india, every tax must have its licensing in law and that the union taxation must, thereforee be co-extensive with the power of parliament to make laws: that by virtue of article 246(4) of the ..... i or list iii alone would form -part of union taxation, that the act was not made by parliament by virtue of power under article 246(4) of the constitution of india: that union had no power to impose tax on property arid that the property of the various states in the union territory would thereforee, not be exempt from this tax. ..... of union taxation within the meaning of article 289(1) was if the proceeds from it formed part of the consolidated fund of india under article 266(1) of the constitution of india: that the proceeds of tax on property under the act did not form part of the consolidated fund of india but were kept by the committee for its own purpose: that the tax on property was enumerated as one of the subjects .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi265
..... , the poll in the constituency has been vitiated to such an extent as to affect the result of the election; now, the commission, in exercise of the powers vested in it under article 324 of the constitution, section 153 of the representation of the people act, 1951 and all other powers enabling it so to do, cancels the poll already taken in the constituency and extends the time for the completion of the election ..... (1) this is a petition under article g 226 of the constitution of india on behalf of shri mohinder singh gill, a congress candidate from the '13-ferozepore parliamentary constituency, punjab' and shri nasib ..... sense, the world is used to connote the entire process culminating in a candidate being declared elected and it is in this wide sense that the word is used in part xv of the constitution in which article 329(b) occurs.the scheme of part xv of the constitution and the representation of the people act, 1951, seems to be that any matter which has the effect of vitiating an election should be brought up only at the appropriate stage in an appropriate ..... state shall be on the basis of adult suffrage; that is to say, every person who is a citizen of india and who is not less than twenty-one years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind, crime or corrupt .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131
..... whether the ban imposed on trade of imported ivory and articles made there from under section 49b(1)(a)(ia) read with section 49a(c)(iii) and section 49c (7) of the impugned legislation violates article 19(1)(g) of the constitution(21) the basic point which has been urged before us by various counsel revolves around the question whether the ban imposed on trade of imported ivory and articles made there from by the amendment act 44 of 1991 is ..... according to the petitioners such a ban is vocative of articles 19(1)(g), 14 and 300a of the constitution of india. ..... ; (2)when any person is convicted3 of an offence against this act, the court trying the offence may order that any captive animal, wild animal, animal article, trophy, uncured trophy, meat, ivory imported into india or an article made from such ivory, any specified plant or part of derivative thereof in respect of which the offence has been committed, any trap, tool, vehicle, vessel, or weapon used in the commission of the said offence be ..... importance of the matter, the legislatures of the states of andhra pradesh, bihar, gujarat, haryana, himachal pradesh, madhya pradesh, manipur, punjab, rajasthan, uttar pradesh and west bengal passed resolutions in pursuance of article 252 of the constitution empowering the parliament to pass the necessary legislation in regard to the protection of wild animals, birds and for all matters connected therewith. .....
Tag this Judgment!