Court : Supreme Court of India
Decided on : Dec-30-1981
Reported in : AIR1982SC149; 1981Supp(1)SCC87; 2SCR365
..... to be integral parts of a union which is far and away the more real political entity and the basis of our nationhood. secondly, the constitution of india recognises only one citizenship, a common citizenship or the entire indian people, with equal rights and opportunities throughout the union.348. speaking in the same strain the src further observed thus:849. ..... federation of states like the united states of america. the word 'federation' is not used in the constitution of india. there is no dual citizenship in india as we find it in the united states of america. the constitution of india contemplates only one citizenship, only one loyalty and only one sovereignty. the geographical area covered by the states and the union territories ..... mentioned in the first schedule to the constitution and such other areas that may be acquired constitute the territory of india which is an indivisible and indestructible whole though ..... seeks to achieve should always be kept in view. current usage and a priori reasoning should also be used as the tools of interpretation of the constitutional provisions. the constitution of india in order to ensure sound administration has entrusted separate powers to different organs of the state, charging all of them with the joint responsibility of securing .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-21-1981
..... necessary to protect the rights of our naturalized citizens. in chaunt, the issue presented was whether failure to reveal certain prior arrests in response to a question on a citizenship application form constituted misrepresentation or concealment page 449 u. s. 519 of a material fact for purposes of the denaturalization statute. [ footnote 2/1 ] id. at 364 u. s. 351 ..... need to safeguard admission to united states citizenship, in accord with the will of congress, against a citizen's right to feel secure in the exercise of his constitutional freedoms. by concluding that an impaired investigation may justify the loss of these freedoms, the court of appeals ..... were closely tied to his expression of political beliefs or activities implicating the first amendment. [ footnote 2/15 ] citizenship determinations continue to involve judgments about a person's "good moral character" or his attachment "to the principles of the constitution," see 8 u.s.c. 1427(a), and the judiciary's task remains the difficult one of balancing a ..... conditions precedent to naturalization is simply an acknowledgment of the fact that congress alone has the constitutional authority to prescribe rules for naturalization, [ footnote 25 ] and the courts' task is to assure compliance with the particular prerequisites to the acquisition of united states citizenship page 449 u. s. 507 by naturalization legislated to safeguard the integrity of this "priceless .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1981
..... to migrate from state to state, which, i agree with mr. justice douglas, is shown by our precedents to be one of national citizenship, is not, however, an unlimited one. in addition to being subject to all constitutional limitations imposed by the federal government, such citizen is subject to some control by state governments. he may not, if a fugitive from ..... the nature and essential character of the national government or are specifically granted or secured to all citizens or persons by the constitution of the united states." "and he went on to state that one of those rights of national citizenship was 'the right to pass freely from state to state.' id. at 211 u. s. 97 ." id. at 314 u. ..... concludes, ante at 452 u. s. 422 , that where departure "aggravates the consequences of conduct that is otherwise punishable," it may merit enhanced punishment. i doubt that a state constitutionally may impose greater penalties for all crimes simply because the accused leaves the jurisdiction. to hold otherwise ignores the availability of summary interstate transfer procedures under the extradition clause, and ..... has examined state statutes imposing durational residence requirements that deprived new residents of rights or benefits available to old residents, to determine whether such requirements penalized citizens for exercising their constitutional page 452 u. s. 421 right to travel. [ footnote 17 ] in all of those cases, the statute at issue imposed a burden on the exercise of the right to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1981
..... .c. 1441(b): "any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the constitution, treaties or laws of the united states shall be removable without regard to the citizenship or residence of the parties." removability depends solely upon the nature of the plaintiff's complaint: an action may be removed to federal ..... , the only remaining issues concern the claims of respondent brown. [ footnote 2/2 ] as the district court acknowledged, brown ii could not be removed on the basis of diversity of citizenship, because the amount in controversy did not exceed $10,000. app.190. the court correctly noted, however, that the action could have been removed without regard to the amount in ..... of the actions originally filed in the district court were assigned to a single federal judge, and the moitie i case was removed there on the basis of diversity of citizenship and federal question jurisdiction. the district court dismissed all of the actions "in their entirety" on the ground that plaintiffs had not alleged an "injury" to their "business or property ..... court only if a "right or immunity created by the constitution or laws of the united states [constitutes] an element, and an essential one, of the plaintiff's .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-18-1981
..... . . . displaces state lawmaking authority by diverting decisionmaking to the federal courts." whitman, supra, at 25. the present case, involving a $23 loss, illustrates the extent to which constitutional law has been trivialized, and federal courts often have been converted into small claims tribunals. there is little justification for making such a claim a federal case, requiring a decision ..... the societal costs of using this statute for a purpose never contemplated are high indeed: "first, the existence of the statutory cause of action means that every expansion of constitutional rights [through 1983] will increase the caseload of already overburdened federal courts. this increase dilutes the ability of federal courts to defend our most significant rights. second, every ..... already exist, the risk of error that may result in violation of a schoolchild's substantive rights can only be regarded as minimal. imposing additional administrative safeguards as a constitutional requirement might reduce that risk marginally, but would also entail a significant intrusion into an area of primary educational responsibility." id. at 430 u. s. 682 . (emphasis ..... since erie r. co. v. tompkins, 304 u. s. 64 (1938), there has been no general common law applicable in federal courts merely by reason of diversity of citizenship jurisdiction. therefore, in order properly to decide this case, we must deal not simply with a single, general principle, however just that principle may be in the abstract, but .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-18-1981
Reported in : 66CompCas684(All)
..... in the state of jammu and kashmir and the recommendations made by the selection board were challenged on the ground of its constitution. in smt. maneka gandhi v. union of india, air 1978 sc 597, the dispute related to the impounding of maneka gandhi's passport. it was held that the ..... . dealing with the nature of right of the committee, the supreme court observed (p. 142 para 9):' a committee as soon as it is constituted, at once, assumes a certain office and status, is endowed with certain rights and burdened with certain responsibilities, all of a nature commanding respectful regard ..... of the united states by civil action.' it was observed that ' the interest of a candidate at an election to parliament regulated by the constitution and the laws come within this gravitational orbit. the most valuable right in a democratic polity is the ' little man's ' little pencil marking, ..... the laws, freedom of contract, trial by jury, etc. as otherwise denned, civil rights are rights appertaining to a person by virtue of his citizenship in a state or community, rights capable of being enforced or redressed in a civil action. also a term applied to certain rights secured to citizens ..... and entails adverse civil consequences. the right to go abroad was held to be included in the expression ' personal liberty ' in article 21 of the constitution. in mohinder singh gill v. the chief election commissioner, new delhi, air 1978 sc 851, the dispute related to election to parliament. dealing with .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Nov-13-1981
..... as c. m. p. no. 509 of 1980. in the meantime, shri mian bashir ahmad moved a writ petition in this court under article 226 of the constitution of india (shortly 'the union constitution') challenging the constitutional validity of section 24-g of the act and the action of the speaker based thereon. the said petition has been registered as writ petition no. 319 ..... within the union of india, other than an office declared by legislature by law not to disqualify its holder;(b) if he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a permanent resident of the state or has voluntarily acquired the citizenship of a foreign state ..... , or is under any acknowledgment of allegiance of adherence to a foreign state;(e) if he is so disqualified by or under any law made by the legislature. (2) for the purposes of this section, a person shall not be deemed to hold an office of profit under the government of india, the state ..... within the union of india, other than an office declared by legislature by law not to disqualify its holder;(b) if he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a permanent resident of the state or has voluntarily acquired the citizenship of a foreign state .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-25-1981
..... suit on his own behalf to enjoin any person, including the united states and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the constitution), who is alleged to be in violation of any prohibition, limitation, criterion, or permit established or issued by or under this subchapter. the district courts shall have jurisdiction, without ..... regard to the amount in controversy or the citizenship of the parties, to enforce such prohibition, limitation, criterion, or permit, as the case may be." "(2) no action may be commenced -- " "(a) prior to sixty days after ..... perform any act or duty under this chapter which is not discretionary with the administrator." "the district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the administrator to perform such act or duty, as the case ..... own behalf -- " "(1) against any person (including (i) the united states, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the constitution) who is alleged to be in violation of (a) an effluent standard or limitation under this chapter or (b) an order issued by the administrator or a state with respect .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-14-1981
Reported in : 1981(2)KarLJ577; (1982)ILLJ189Kant
..... his wages and bonus for the period from 9-7-1971 to 31-12-1979. 3. in these petitions, filed under art. 226 of the constitution of india, the petitioners seek a writ of certiorari or any other appropriate writ or order or direction quashing the order of reference, annexure-p. 4. the ..... . in a case like this the employer cannot challenge the vires of s. 17 or s. 17(2) as violative of art. 14 of the constitution of india. in this connection i may refer to certain observations of the supreme court in virendra v. state of punjab, a.i.r. 1957 s.c. ..... cancellation of the poll the court observes as follows (at para-65) : 'the interest of a candidate at an election of parliament regulated by the constitution and the laws comes within this gravitational orbit. the most valuable right in a democratic policy is the little man's little pencil-marking, assenting or ..... the laws, freedom of contract, trial by jury etc.. or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. rights capable of being enforced or redressed in a civil action. also a term applied to certain rights secured to the citizens ..... to face a trial and his clients would have to pass that ordeal. like in every civilised system of administration, in our set up also, are constituted various authorities and functionaries whose duty it is to investigate, enquired into, and decide disputes. if unnecessary allegations are made, frivolous charges are framed or .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-22-1981
..... apprehending suspects, an interest important enough to overcome the presumptive constitutional restraints on police conduct. at issue in terry was "more than the governmental interest in investigating crime; in addition, there is the more immediate interest of the police officer ..... 452 u. s. 707 different from those two special exceptions to the warrant and probable cause requirement, and poses a significantly greater threat to the protections guaranteed by the constitution. i the common denominator of the terry cases and the border checkpoint cases is the presence of some governmental interest independent of the ordinary interest in investigating crime and ..... ohio, 392 u. s. 1 , 392 u. s. 23 -24. the second is a brief stop of vehicles near our international borders to question occupants of the vehicles about their citizenship. e.g., united states v. brignoni-ponce, 422 u. s. 873 , 422 u. s. 881 . from these two special exceptions to the general prohibition on seizures not based on ..... confronted by roving border patrol agents, though not sufficient to justify random stops of vehicles page 452 u. s. 699 near the mexican border to question their occupants about their citizenship, id. at 422 u. s. 882 -884, [ footnote 9 ] were adequate to support vehicle stops based on the agents' awareness of specific articulable facts indicating that the vehicle .....Tag this Judgment!