Court : Supreme Court of India
Reported in : AIR1977SC915; (1977)2SCC548; [1977]2SCR790
P.N. Bhagwati, J.1. Civil Appeals Nos. 1132-1164 of 1976. This is a group of appeals preferred by certain land- holders in the State of Maharashtra against the judgment of the Bombay High Court upholding the constitutional validity of the Maharashtra Agricultural Lands (Ceiling of Holdings) Act, 1961 (hereinafter referred to as the Principal Act) as amended by the Maharashtra Agricultural Lands (Lowering of Ceiling of Holdings) (Amendment) Act, 1972 (hereinafter referred to as the Maharashtra Act 21 of 1975), the Maharashtra Agricultural Lands (Lowering of Ceiling of Holdings) (Amendment) Act, 1975 (hereinafter referred to as Maharashtra Act 47 of 1975) and the Maharashtra Agricultural Lands (Ceiling of Holdings) (Amendment) Act, 1975 (hereinafter referred to as Maharashtra Act 2 of 1976). The Principal Act was enacted by the Maharashtra Legislature in implementation of the Directive Principles of State Policy contained in Clauses (b) and (c) of Article 39 of the Constitution. It impos...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
..... prudence of self-preservation (even if history has not repeatedly brought it home), that discretion is the better part of valour' social dimensions of law and justice-julius stone (1966). p. 668 courts have, by and large, come to check their valorous propensities. in the name of the constitution, the parliament may not also turn ..... presidential system the french, the russian or any other this approach seeks to make the issue unrealistically complex. if the democratic form of government is the corner-stone of our constitution, the basic feature is the broad form of democracy that was known to our nation when the constitution was enacted, with such adjustments and ..... socio-economic transformation. all this was very useful in preparing for an age in which secular law could displace religion as the 'control of controls' (see julius stone's 'province and function of law' 1961 edn. pp. 754.531. romans not only clarified basic notions but developed a whole armoury of new forms in which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC490; 1976LabIC395; (1976)ILLJ376SC; (1976)2SCC310; [1976]1SCR906
..... remove that ugly 'inferiority' complex which has done genetic damage to indian polity and thereby suppress the malady and advance the remedy, informed by sociology and social anthropology; my touch-stone is that functional democracy postulates participation by all sections of the people and fair representation in administration is an index of such participation.146. justice brennan, in a somewhat different ..... of according favoured treatment to that class and of creating discrimination against others to whom such immunity or exemption is not granted. equality of opportunity is one of the corner stones of our constitution. it finds a prominent mention in the preamble to the constitution and is one of the pillars which gives support and strength to the social, political and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... particular case in the application of the concepts; but the task of finding the core of a fundamental right is like the quest for the "philosopher's stone", and that the amending body will be left without chart or compass when it proceeds to make an amendment. mr. seervai further submitted that our constitution makers ..... important light on clauses in the constitution which seem blind or of ambiguous import" see cooley on constitutional law, 4th ed. (1931), pp. 195-196. julius stone, the australian jurist, has expressed the opinion that in principle the court should be free to inform itself concerning the social context of the problems involved from all ..... cherished dream of independence and territorial unity from north to south, and east to west, which in millinneum it could not achieve, the fundamental objectives formed the corner stone of the nation. as granville austin so aptly puts it in his book "the indian constitution" at page 50, "the indian constitution is first and foremost a .....
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