Court : Supreme Court of India
Reported in : AIR1963SC1241; 1SCR371
..... states are not coordinate with the union and are not in many respects independent. 25. legal sovereignty of the indian nation is vested the people of india who as stated by the preamble have solemnly resolved to constitute india into a sovereign democratic republic for the objects specified therein. the political sovereignty is distributed between, as we will presently demonstrate, the union of ..... linked with the scope and nature of the powers of the union and the states thereunder. the constitution purports to have been enacted by the people of india who have solemnly resolved to constitute india into a sovereign democratic republic. india is described as a union of states. the preamble to the constitution indicates that the political sovereignty of the country rests in the people of ..... the states. this is illustrated by certain striking features of our constitutional set up. there is no dual citizenship in india : all citizens are citizens of india and not of the various states in which they are domiciled. there are no independent constitutions of the states, apart from the national constitution of the union of india : ch. ii, part vi from arts. 152 to 237, deals with .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC4536; [2004(2)JCR248(SC)]; JT2003(Suppl2)SC515; (2004)2MLJ14(SC); 2003(8)SCALE536; (2003)8SCC567
..... ors. : air1999sc22 ). exercise of self-restraint, thus, should be adhered to, subject of course to, just exceptions.' 33. dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance', at page 105 states:'however, this concept of democracy as rights-based with limited governmental power, and in particular of the ..... was open to the competent authorities to evolve their own procedure. such a procedure of taking a decision upon deliberations does not fall foul of article 14 of the constitution of india. no malice of fact has been alleged in the instant case. the high court has proceeded to pronounce its judgment inter alia on the ground that the price ..... must be rendered in negative. the high level committee was chaired by the minister who in terms of the rules of executive business framed under article 166 of the constitution of india was entitled to represent the state. once a consultation takes place by mutual discussions and a consensus is arrived at between different authorities performing different functions under the ..... c.p.c. having been published, the writ petition was not maintainable.c) that the government of karnataka in exercise of its executive powers under article 162 of the constitution of india has established a single window agency to accord, with significant authenticity, sanction/clearance/ approval to the establishment of new industries of expansion of existing units, which include sanction .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1960Raj256
..... the assumption that the said findings are correct.they have supported the view taken by modi j. about the interpretation o article 295 of the constitution of india. on the other hand, the learned advocates for the plaintiffs have urged that the obligations and liabilities of the former dholpur state had devolved on ..... this difficulty, it is necessary first to decide the question whether tbe united state; of rajasthan could be sued against by the plaintiffs before the constitution of india came into force.27. it is obvious that the present difference would not have arisen between the learned judges if they were to hold that the ..... at the outset that though the learned judges have referred to us only the question relating to the interpretation of article 295 (2) of the constitution of india, yet, if we confine ourselves strictly to the interpretation of that article only we are likely to be misunderstood to mean that we agree with ..... case in hand, there was no question of conquest or cession. the new republic was born on 26-1-1950 and all derived their rights of citizenship from the same source and from the same moment of time; so also, at the same instant and for the same reason, all the territory ..... the footing that the residents of the territories which came under the dominion of the rajpramukh of the united state could not acquire any right of citizenship until the act of state had been completed ought not really arise.there is no interregnum for the completion of the act of state; the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1996Mad322
..... circumstances, this writ petition is filed contending that the impugned order is illegal, arbitrary and is violative of the petitioner's fundamental rights under arts. 14 and 21 of the constitution of india; the impugned order is passed in violation of the principles of natural justice; and non-observations of the principles of natural justice has resulted in miscarriage of justice; the ..... sriram panchu, learned counsel for the petitioner urged,(i) that the impugned order was illegal, arbitrary and is one passed in violation of the articles 14 and 21 of the constitution of india; (ii) that it was passed offending the principles of natural justice, and as a result of non-observation of the principles of natural justice the impugned order has resulted ..... right to claim an extension of stay. the respondent also states that this court may not go into the disputed questions of fact exercising jurisdiction under art. 226 of the constitution of india.18. that no fundamental rights of the petitioner have been violated and particularly when the petitioner is admittedly a foreign national. the notice given to him to leave the ..... it is not claimed that if the authority concernedhad served a notice before passing theimpugned order, the petitioners could haveproduced some relevant material in supportof their claim of acquisition of citizenship,which they failed to do in the absence of anotice.'42. in 'anwar v. state of jammu andkashmir', : 1scr637 , as can be seen from paragraph 4 of the .....Tag this Judgment!
Court : Chennai
Reported in : 288ITR225(Mad)
..... to discharge the burden of not possessing the criminal intent and proving it beyond reasonable doubt. according to the petitioners, the impugned provision violates article 21 of the constitution of india and their right to pray for discharge from the criminal proceedings has been negated merely on the basis of the impugned provision. according to the petitioners, the guarantee ..... wide judge-proof areas of policy and judgment open to the government, if they make mistakes, correction is not in court but elsewhere. that is the comity of constitutional jurisdictions in our jurisprudence..we are not unmindful of the possibilities of village victuallers and tiny grocers being victimised by dubious enforcement officials which may exacerbate when punishments become harsher ..... the burden of proving absence of culpable mental state on to the accused and requiring the same to be established beyond reasonable doubt, the rights guaranteed by the constitution under article 21 are violated.(2) the impugned provision runs counter to the well recognised principles of accusatorial system which requires the prosecution to establish the culpable mental state ..... in that case had been on erroneous lines since the special rule of the burden of proof had been disregarded. 30. : air1962sc1052 [izhar ahmad v. union of india] arose under the citizenship act. in this judgment, there is reference to various texts with regard to presumption. the supreme court in this case observed as follows :it is conceded, and .....Tag this Judgment!
Court : Supreme Court of India
..... which is not available under the american system is it is felt far more effective than the periodic assessment and far more necessary in a country like india. the draft constitution in recommending the parliamentary system of executive has preferred more responsibility to more stability. 67 (emphasis supplied) shri alladi krishnaswami ayyar agreed with dr ambedkar: ..... carried out by people with responsibility with service orientation." [emphasis supplied].92. now, we shall proceed to discuss the concept of federalism in the context of the constitution of india. encyclopedia britannica defines federalism as: "federalism, mode of political organization that unites separate states or other polities within an overarching political system in such a way as ..... union government. to bolster the said stand, the respondents have placed reliance upon relevant portions of the balakrishnan committee report and also various other provisions of the constitution of india and the 1991 act. further, the respondents argue that to devolve exclusive legislative or exclusive executive power on the legislative assembly or council of ministers of the ..... citizenship of india; and, perhaps most important, the power of the parliament in relation to the formation of new states and alteration of areas, boundaries or names of states.106. from the foregoing discussion, it is clear as day that both the concepts, namely, democracy, i.e., rule by the people and federalism are firmly imbibed in our constitutional .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(1)ALD(Cri)590; 100CompCas729(AP)
..... on the parliament by virtue of article 246(1) of the constitution of india read with entries 43 and 44 of the list i in the vii schedule.article 245(2) declares that :'no law made by parliament ..... petitioners on the ground the alleged offences are committed outside the indian territory also cannot be accepted as the allegations in the complaint do constitute the offences alleged in the complaint, depending on the fact whether the petitioners are the indian citizens or not, it is to be ..... application to the transactions alleged in the complaint as admittedly the petitioners are the citizens of u.s.a.,'20. the concepts of 'residence and citizenship' are well settled and distinct. the petitioners have not made any clear averment in this regard. even if such an averment were to be ..... indian law extra-territorial operation. thirdly, the learned counsel submitted that even if the allegations are assumed to be true, they would not constitute the offences mentioned in the complaint.10. the companies act is an enactment made by the parliament in exercise of its legislative authority conferred ..... by the petitioners outside the indian territory, therefore even assuming that such a transaction would attract the penal provisions of the companies act and constitute the various offences under companies act referred to in the complaint, the indian courts would not have jurisdiction to enforce the indian law against .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1951All16
..... h) of the constitution cannot be curtailed by the act.7. the right to citizenship of india is conferred by article 5 of the constitution and every person who, at the commencement of the constitution, had his domicile in the territory of india or who or whose parents were born in india in indian territory ..... to pakistan in 1948. it follows that he is not an indian citizen and cannot claim the fundamental rights conferred by article 19 of the constitution. it is unnecessary in this view to examine the further argument that act xxiii  of 1949, cannot operate to curtail an indian ..... one place to another and (2) the intention to make the destination a place of abode or residence in future. in the context of the constitution, it has the notion of transference of allegiance from the country of departure to the country of adoption. the record shows that the following facts ..... his country by adoption. the application ex. m submitted by badruzzaman to the chief minister of the state for conferment on him of indian citizenship saying that: 'now i do not wish to go back to pakistan' pre-supposes that he had lost his indian nationality and he ..... or who had on that date been ordinarily residing in that territory for not less than five years. according to article 7, however, notwithstanding the fact that the above conditions were fulfilled, a person who had migrated from india .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1959MP387; 1959CriLJ1337
..... the meaning of the foreigners' act; (ii) whether the respondents had proved that they had not migrated to pakistan; and (iij) whether the district superintendent of police as civil authority constituted under the foreigners order 1948, was competent to pass the order in disobedience to which the respondents have been prosecuted,30. on the first question, the argument of shri malgawa ..... therefore clear that an order under section 3(2)(c) of the foreigners act, 1946, can be issued by the central government.17. article 258 of the constitution provides:'(1) notwithstanding anything in this constitution, the president may, with the consent of the government of a state, entrust either conditionally or unconditionally !o that government or to its officers functions in ..... the relevant dates when the orders against the respondents were passed, meant 'a person who, under the citizenship 07 nationality law for the time being in force in india, was a citizen or national of india'. (see section 2(b) ofthe citizenship act, 1955. pakistan is included in the first schedule.) therefore, there is no manner of doubt that on the day that ..... the foreigners order, 1948, which provides for making an order that a foreigner shall not remain in india. such an order could be passed only by the central government or by the state government. that power could not be delegated to the civil authority constituted under the foreigners order, 1948.it bears repetition that the foreigners order, 1948, does not empower .....Tag this Judgment!
Court : Orissa
Reported in : 87(1999)CLT533; 1999(I)OLR448
..... ceding a part of their sovereignty to the federal state. it has undoubtedly certain federal features but it is still not a federal state and it has only one citizenship, namely, the citizenship of india. it has also one single unified legal system which extends throughout the country. it is not possible to say that a distinct and separate system of law prevails ..... knowledge in oriya. the impugned order of the collector does not indicate anything adverse about the fact of the petitioner permanently staying at dipupara in jharsuguda town. there is neither constitutional nor legal sanction to refuse a person a certificate for his permanent residence at a particular place. language, religion and caste of one person have no nexus with one's ..... in the country where the individual resides.in para-8 of the judgment the court held as follows :'now it is clear on a reading of the constitution that it recognises only one domicile, namely, domicile in india. article 5 of the constitution is clear and explicit on this point and it refers only to one domicile, namely, 'domicile in the territory of ..... permanent place of stay. rather such considerations are against the mandate of articles 15 and 16 of the constitution as held by the apex court in the case of dr. pradeep jain and ors. v. the union of india, air 1984 sc 1421. a reading of the judgment would show as to what was stated by the court with .....Tag this Judgment!