Court : Rajasthan
Reported in : AIR1982Raj297; 1982()WLN294
..... my conclusions, therefore, are as follows:(1) that the fortyfifth amendment of he constitution of india extending the erm for reservations in lok sabha and vidhan sabhas for scheduled castes and tribes from 30 years to 40 years is intra vires, constitutional and valid;(2) that the above amendment instead of infringing fundamental right of quality of the scheduled castes and tribes, ensures them equality and upgrades them as class i citizens and brings them in the main stream of ..... scheduled tribes and other backward classes in india, opined as under :--'the constitution of india enjoins upon the government to give special attention to the uplift of the scheduled castes, scheduled tribes and other backward ..... the preamble reads as under:--'we, the people of india, having solemnly resolved to constitute india into a sovereign, socialist, secular, democratic republic and to secure to all its citizens:justice, social economic and political; liberty of thought, expression, belief, faith and worship: equality of status and of opportunity; fraternity assuring ..... the extraordinary prayer for reelection throughout india of all legislatures in states and lok sabha, is coached in very simple ordinary language of the following prayer clause:--'it is, therefore, most humbly prayed that the 45th and other allied amendment of the constitution of india acts may kindly be declared null and void and immediate re-elections in all the constituencies be ordered and the by-elections being held on 19-5- .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj13; 2002(1)WLC67
..... the respondent company shri paras kuhad has then argued that the powers exercised by the learned single judge in deciding the matler against the debts recovery tribunal were under article 227 of the constitution of india and no intra- court appeal is provided under ordinance 18 of the rajasthan high court ordinance, 1949 (hereinafter shall be referred to as 'the ordinance of 1949') against the judgment of single judge as a consequence thereof division bench can not ..... further, specific quarry has been made by the learned single judge as to whether the powers can be exercised and matter can be decided finally under article 226/227 of the constitution of india by the single bench.the learned single judge while passing the order has considered the matter on merits as is clear from the portion of the judgment referred in para 6 by us, whereas judgment delivered by the debts recovery ..... respondent bank had submitted on 21.9.1999 that the matter can be decided and finally disposed of by the learned single bench in the circumstances of the case for having supervisory power under article 226/227 of the constitution of india under the provisions of section 18 of the debt recovery act.the resolution/compromise/proposal dated 14th of september, 1998 (photo copy of the same has been produced on record by the p.n.b. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj33; 2001(3)WLC199; 2001(3)WLN632
..... a 9 judges bench of the supreme court after considering the earlier judgments and after analysing the articles 124, 216, 217 and 222 of the constitution of india, answered the questions posed by the reference and emphasized that the answers should be read in conjunction with the body of this opinion, in the case reported in (jt 1998 (7) 304).'(20). ..... grant of equal opportunity to eligible persons in the matter of employment guaranteed under articles 14 and 126 of the constitution of india cannot be equated with the appointment of government advocates for which already procedure has been prescribed. ..... it is stated in the reply categorically that the office of the advocate general, additional advocate general is constitutional office and the appointment on the said posts have been made/are made in accordance with art.165 of the constitution of india by his excellency, the governor. ..... (4) in this article, unless the context otherwise requires:-(a) 'law' includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of india the force of law;(b) 'laws in force' includes laws passed or made by a legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1755; 2002(5)WLN269
..... such a piece of legislation is wholly arbitrary, unreasonable and violates articles 14, 16 and 21of the constitution of india as if results in denial of continued employment and results in deprivation of the livelihood of such employee arbitrarily and without ..... our mind, applying the principle of pith and substance that the principal object of the act is to extinguish the obligation of state of regularisation in the field where such affirmative action has been held to be a constitutional goal and a constitutional obligation of state as an employer and as state is wedded to act reasonably and fairly without arbitrariness in all spheres of its activities, to deny the incumbent a fundamental right to raise grievance about such state action ..... to the benefits emanating from the said enactment which has been enacted by the parliament in respect of the filed covered by entries 22, 23 or 24 of the concurrent list iii of the schedule vii of the constitution which provides for trade unions, industrial and labour disputes (entry 22), social security and social insurance (entry 23) employment and unemployment, welfare of labour including conditions of work, provident funds, employers' liability, workmen's ..... particularly in the lowest rungs on the department and further classifying such casual employees into three classes for the purpose of making different levels of payment of wages as violative of article 14 & 16 of the constitution, the court said:- ' india is a socialist republic. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad70; (1951)IMLJ115
..... that sections 3 (3) and 4 (1) (a), press act are ultra vires of the constitution of india, in that they abridge the right of the petitioner to freedom of speech and expression, a fundamental right guaranteed by the constitution under art, 19(1)(a); (2) that the said sections of the press act are not saved by article 19(2) of the constitution, which permits legislation by the state affecting the fundamental right guaranteed under article 19(1)(a) of the constitution in certain- specified matters; (3) that the demand for security under section ..... zamindar of parlakimidi referred to above has reversed the current of decisions, prior to it and if the constitution of india did not confer aright on this court to issue a writ within the limits of its appellate jurisdiction, then we have to hold that our power is limited to issuing writs within the limits of the presidency town of madras. 2. ..... a specific point that the wide concept of the expression 'sedition' as reiterated in the latest decision of the judicial committee, differing from the view of the federal court in india, was specifically under the consideration of the constituent assembly and that in its ultimate shape the constitution used very much narrower words with the deliberate object, as their lordships infer, of excluding incitements creating hatred and contempt and exciting disaffection against government .....
Tag this Judgment!Court : Chennai
Reported in : 2000(1)CTC432
..... a petition under article 72 of the constitution of india, the above said persons filed a writ petition under article 32 of the constitution of india before the apex court. ..... president ofindia exercising powers under article 72 of the constitution of india, has dealt with the mercy petition of the petitioner ..... petitioner made an application to the president of india invoking his mercy under article 72 of the constitution of india, to remit the sentence imposed on him. ..... the power to be exercised under article 72 of the constitution of india is an executive function and not executive power and so such executive function cannot be the subject matter of ..... also submitted that the act of pardon by the president of india under article 72 of the constitution of india is not a private act of grace, but it is a part of the constitutional scheme.9. ..... ]2scr206 , the apex court had an occasion to deal with the scope of judicial review with regard to powers under article 72 of the constitution of india, in which the apex court has held as follows:-'(12) in view of the aforesaid settled legal position, we cannot accept the rigid contention of the learned counsel for the third respondent that this court has no power to touch the order passed by the governor under article 161 of the constitution. ..... will arise, whether such advice of the home minister alone is enough or the council of ministers has to give advice to the president of india to exercise the power under article 72 of the constitution of india. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1988Mad275
..... government gazette extraordinary of the same date, reads as follows: -'whereas the executive committee of the dravida munnetra kazhagam resolved in its meeting held on 9th november, 1986 at coimbatore that the portion of part xvii of the constitution of india which provides for hindi to be the official language of the union should be burnt in public meetings, to be held between the period commencing on 17th november, 1986 and ending with 17th december, 1986 in various places in the ..... agitation will be carried on and whereas in pursuance of the above, said resolution some members of the dravida munnetra kazhagarn party have burnt in public place a copy of a part of the constitution of india (such part being a document at paper containing excerpts being either in writing or printing or in any, other mode -of representation or reproduction in a visible form: and whereas m pursuance of the above said resolution, the following members of the legislative ..... legislative assembly (for legislative counsil) do swear in the name of god/solemnly affirm that i will bear true, faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india and that i will faithfully discharged the duty upon which i am about to enter'.the constitution makers have made it clear to the person who is elected and claims to represent his constituency that during the tenure of this membership of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad225; 1965CriLJ714
..... constitution of india and delhi laws act 1912, air 1951 sc 332 the courts can always strike down a particular legislative measure as infringing any article of the constitution ..... constitution of india ..... that, in addition to the two factors upon which the courts could nevertheless interfere with regard to orders of detention or orders imposing restrictions upon detenus, under the defence of india act, namely acts outside the statutory powers or acts lacking bona fides, this court would have the power of interference upon the principle of writ jurisdiction, but within the limits ..... this act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and interest and the defence of india and civil defence".section 45(1) declares:"no order made in exercise of any power conferred by or under this act shall be called in question in any court".we may next pass on to the ..... 14, 21 and 22 of the constitution shall remain suspended for the period of the emergency "if such person has been deprived of any such right under the defence of india ordinance, 1962, as we have already seen, the state has power to direct the apprehension and detention in custody of any person whom the relevant authority "suspects, on grounds appearing to ..... the constitution, with the result that the three points set out for determination have to be determined mainly with reference to the provisions of the defence of india act, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1989Mad149
..... .explanation 1: comments expressing disapprobation or criticism of the constitution or of the indian national flag or of any measures of the government with a view to obtain an amendment of the ..... of the act 46 of1979 any comment expressing disapprobationof the constitution with a view to obtain an amendment to the constitution of india cannot be found fault with; but if a powerful medium like films is to be utilised with intentional contrived situations, events and characters, which advocate in a biased and distasteful way, the values and standards of the society in the matter of provision of concessions to socially backward communities having constitutional sanctions; then it would lead to clashes between several ..... insult to indian national flag and constitution of india : whoever in any public place or in any other place within public view burns, mutilates, defaces, denies, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the indian national flag or the constitution of india or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both .....
Tag this Judgment!Court : Chennai
Reported in : AIR2000Mad92
..... taking note of the reasonableness, relevancy and necessity of these details and documents into consideration, it could be safely concluded that the same is found to be well sustainable in law, not attracting article 14 and 19(1)(g) of the constitution of india, and once such conclusion is reached, the absolute requirement of article 21 would be out of way, and the petitioners, therefore, cannot be said to have been deprived of their rights to livelihood by not being empanelled for want of ..... proposal of carving out and shortlisting the chartered accountants in the light of the details and documents to be furnished with the impunged application form, cannot be complained as arbitrary and unreasonable, attracting article 14 and 19(1)(g) of the constitution of india, as such details and documents are required to prepare a multi-purpose empanelment of auditors germane to high and exacting the standards of auditing and to maintain the status and standard of professional qualification of the members of the ..... not be considered for appointment of auditors in the nationalised bank/regional rural bank as well as public sector undertakings and therefore, their right conferred under the articles is certainly infringed, attracting article 19(1)(g) of the constitution of india; such right protected under article 19(1)(g) could be infringed for want of such details and documents unless they are proved to be reasonable and relevant within the meaning of article 19(6) and hence, the onus lies .....
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