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Judgment Search Results Home > Cases Phrase: constitution of india Page 1 of about 656,992 results (0.563 seconds)

May 22 1958 (SC)

In Re: the Kerala Education Bill, 1957. Reference Under Article 143(1) ...

Court : Supreme Court of India

Reported in : [1959]1SCR995

..... for religious and charitable purposes, to manage its own affairs in matters of religion, to acquire property and to administer such property in accordance with law. the ideal being to constitute india into a secular state, no religious instruction is, under art. 28(1), to be provided in any educational institution wholly maintained out of state funds and under clause (3) of ..... may have a bearing upon the questions under consideration and then to the actual provisions of the bill. the inspiring and nobly expressed preamble to our constitution records the solemn resolve of the people of india to constitute india into a sovereign democratic republic and, amongst other things, to secure to all its citizens justice, liberty, and equality and to promote among them all ..... of the state towards the minority communities. it is not for this court to question the wisdom of the supreme law of the land. we the people of india have given unto ourselves the constitution which is not for any particular community or section but for all. its provisions are intended to protect all, minority as well as the majority communities. there ..... fraternity assuring the dignity of the individual and the unity of the nation. one of the most cherished objects of our constitution is, thus, to secure to all .....

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Oct 28 1998 (SC)

In Re: Under Article 143(1) of the Constitution of India

Court : Supreme Court of India

Reported in : AIR1999SC1; RLW1999(1)SC168; 1998(5)SCALE629; [1998]Supp2SCR400

..... and atleast one other senior chief justice of a high court or any other person whose views he considers relevant. the then chief justice of india had constituted, as was noted in ashok reddy 's case, a peer committee of the two seniormost puisne judges of the supreme court and two chief ..... to the decision' in the second judges case. it refers to the fact that after the second judges case the then chief justice of india had constituted a peer committee comprised of the then two seniormost puisne judges of supreme court and two chief justices of high courts to make suggestions for transfers ..... was drawn to the fact that at the time of the latest selection of judges appointed to the supreme court, the then chief justice of india had constituted a panel of himself and five of the then seniormost puisne judges. it was submitted that this precedent should be treated as convention and institutionalised. ..... has held office as a judge of the supreme court shall plead or act in any court or before any authority within the territory of india.216. constitution of high courts.-every high court shall consist of a chief justice and such other judges as the president may from time to time deem ..... process in which the executive should have power to act as a mere check on the exercise of power by the chief justice of india, to achieve the constitutional purpose. thus, the executive element in the appointment process is reduced to the minimum and any political influence is eliminated. it was for .....

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Aug 05 2005 (SC)

Reference Under Article 317(1) of the Constitution of India, for Inqui ...

Court : Supreme Court of India

Reported in : JT2005(7)SC167; (2005)6SCC790

..... like to hear the learned attorney general for india as also all the learned counsel appearing in the case on the following issues :-(1)whether ..... .2. first, on point of fact we would like the union of india to supply the information and clarify if, before making the reference to this court, was there any advise by the council of ministers tendered to the president of india within the meaning of article 74 of the constitution?3. on such information being made available in three weeks, we would ..... the applicability of article 74 of the constitution is attracted to a reference made by the president under article 317 of the constitution?(2) (a) if 'yes', at what stage?(b) whether the initiation ..... order1. this is a reference under article 317 of the constitution of india initiated by the president of india calling for an inquiry into the alleged misbehavior of dr. h.b. mirdha, the then chairman of the orissa public service commission. before the court closed for summer vacation, the .....

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Jul 08 2009 (SC)

In Re: U/a 317 (i) of the Constitution of India, Cpsc

Court : Supreme Court of India

Reported in : AIR2009SC3028; 2009(9)SCALE194; 2009(8)LC3762(SC)

..... are to be charged on the consolidated fund of the state and the chairman of the public service commission is removable only by following the procedure laid down under the constitution of india. under sub-clause (1) of article 317, the chairman or any member of the public service commission shall only be removed from his office by order of the president ..... .k. gambhir for the chattisgarh psc and also shri vivek k. tankha, learned senior counsel on behalf of shri ashok darbari, chairman, psc.3. the state psc is constituted under article 315 of the constitution. constitutional makers decided to have an independent body to recruit civil servants by open competition and with that object, an independent and impartial body was proposed to be ..... other members and 50% of them did not belong to government service having 10 years experience as provided for under proviso 1 of clause (1) of article 316 of the constitution. many of them were appointed on account of their political background. he further deposed that all these members wanted to know the confidential matters like where the question papers were ..... , or he commits any act which is not befitting the honour and prestige as a chairman of the public service commission, it would amount to misbehaviour as contemplated under the constitution. if it is proved that he has shown any favour to the candidate during the selection process, that would certainly be an act of misbehaviour. the charges levelled against the .....

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Mar 19 1996 (HC)

Krishna Kumar Mishra and anr. Etc. Etc. Vs. State of Bihar and ors. Et ...

Court : Patna

..... 16(4) does not stipulate any limitation with respect to such reservation. but the supreme court to uphold the validity of such articles 15(4) and 16(4) of constitution of india, read in between the lines and held that the limitation therein is maximum 50%.it is for the said reason, while holding that clause (3) of article 243d is conterminous ..... can be granted in favour of weaker sections, detriment to the rest of the citizens, is a settled principle. justice, political and social are enshrined in the preamble of the constitution of india. the definition 'political', though laid down in different manner, one of such definition as laid down in corpus juris is : '.......in a generic sense, 'political' means of or pertaining ..... political backwardness of caste or class of people. it was submitted that such determination with respect to backward class having not been made for the purpose of article 243d of constitution of india, the definition of backward class and the schedule i of the act is fit to be set aside. it was submitted that the caste, as mentioned in schedule i ..... expiry of such reservation. as the period of expiry reservation, with respect to scheduled castes and scheduled tribes citizens will come to an end in accordance with article 334 of constitution of india, such period of expiry of reservation, so far as backward class is concerned, can be made either lesser than the period, as stipulated under article 334 of .....

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Mar 14 1960 (SC)

In Re: the Berubari Union and Exchange of Enclaves Reference Under Art ...

Court : Supreme Court of India

Reported in : AIR1960SC845; [1960]3SCR250

..... inviolable and sacred. the very first sentence in the preamble which declares that 'we, the people of india, having solemnly resolved to constitute india into a sovereign democratic republic', says mr. chatterjee, irrevocably postulates that india geographically and territorially must always continue to be democratic and republican. the other ground on which this contention is raised is founded on art. 1(3)(c) of ..... on a fair and reasonable construction of art. 3 and its validity cannot be impaired by what the learned attorney-general has described as the special features of the federal constitution of india. 48. in this connection the learned attorney-general has drawn our attention to the provisions of act xlvii of 1951 by which the boundaries of the state of assam ..... passed through three readings and as finalised it was signed by the president of the assembly and declared as passed on november 26, 1949. on that date it became the constitution of india; but, as provided by art. 394, only specified articles came into force as from that date and the remaining provisions as from january 26, 1950, which day is referred ..... to in the constitution as the commencement of the constitution. article 1 of the constitution provides, inter alia, that india, that is bharat, shall be a union of states and that the states and the territories thereof shall be the states and their .....

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Dec 15 1970 (SC)

H.H. Maharajadhiraja Madhav Rao Jivaji Rao ScIndia Bahadur of Gwalior ...

Court : Supreme Court of India

Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9

..... revised instrument of accession. pursuant to the merger agreements, it was proclaimed on november 24, 1949, that the united state of madhya bharat adopted the constitution of india as the constitution of the united state. the constitution of india was promulgated on november 26, 1949, and was brought into force (except for certain articles specified in article 394) with effect from january 26, ..... states to the paramount power would revert to these states. the cabinet mission plan was a statement embodying suggestions and recommendation towards the speedy setting up of a new constitution for india. referring to the states, the cabinet mission plan said that with the attainment of the independence of our country, the relationship which had existed between the states and ..... the rulers with the exception of two or three accepted the same as binding upon them and their states, it must follow that they accepted and adopted the constitution of india because they thought and were assured that the provisions in it regarding themselves and their successors were to their satisfaction and were binding in nature. they certainly never ..... in the schedule to his instrument. these topics have only a historical significance and need no mention here. there were certain reservations, particularly in regard to any future constitution of india affecting the continuance or his sovereignty in and over the state, and the exercise of any powers, authority and rights then enjoyed by him as ruler. the governor- .....

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Mar 14 1986 (SC)

Umaji Keshao Meshram and ors. Vs. Radhikabai, Widow of Anandrao Banapu ...

Court : Supreme Court of India

Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)

..... the indian independence act, 1947, and it was in the exercise of power conferred by that act that the constituent assembly adopted and enacted the constitution of india. the setting up of the constituent assembly itself was an act of the british parliament. in 1940 the coalition government in great britain recognized the ..... 15 of the letters patent. the question whether the judgment of a single judge in a petition filed under article 226 or 227 of the constitution of india was not before the court in shah babulal khimji's case and was not decided by it.11. there was no dispute before us ..... maharashtra revenue tribunal at nagpur and the tribunal allowed the said revision application. thereupon the first respondent filed a petition under article 227 of the constitution of india before the nagpur bench of the high court of bombay being special civil application no. 1392 of 1974. by reason of the provision of rule ..... of that high court from the judgment of a single judge of that high court in a petition filed under article 226 or 227 of the constitution of india?'3. the facts which have given rise to this appeal by special leave granted by this court need to be briefly stated. the first respondent ..... varishta panchayat and the people of free dadra and nagar haveli, the areas of dadra and nagar haveli were integrated with the union of india as a union territory by the constitution (tenth amendment) act, 1961, with effect from august 11, 1961. the dadra and nagar haveli act, 1961 (act no. xxxv .....

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Jan 24 2006 (SC)

Rameshwar Prasad and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2006SC980; 2006(3)CTC209; JT2006(1)SC457; (2006)2MLJ67(SC); 2006(1)SCALE385; (2006)2SCC1

..... an instrument was found to be necessary, 'because of the mode of appointment and the injunction to act upon the advice of ministers were not contained in the constitution itself.' (the framing of india india's constitution _ select documents (volume iv, b. shiva rao (ed.), new delhi: universal law publishing cp, 2004) at p. 86. the complete test of the suggested instructions is ..... further noticing that the immunity granted does not affect the power of this court to judicial scrutinise attack made on the proclamation issued under article 356(1) of the constitution of india on the ground of malafides or it being ultra vires and that it would be for the government to satisfy the court and adequately meet such ground of challenge. a ..... allowed bulk defections while declaring individual defections as illegal. the provision for exemption from disqualification in case of splits as provided in paragraph 3 of the tenth schedule to the constitution of india had, in particular, come under severe criticism on account of its destabilizing effect on the government. 81. reliance has also been placed to the exposition of lord diplock in ..... . it states that demands were made from time to time in certain quarters for strengthening and amending the anti- defection law as contained in the tenth schedule to the constitution of india, on the ground that these provisions had not been able to achieve the desired goals of checking defections. the tenth schedule was also criticized on the ground that it .....

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Apr 10 2006 (SC)

Secretary, State of Karnataka and ors. Vs. Umadevi and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1806; (2006)6CompLJ1(SC); [2006(3)JCR36(SC)]; JT2006(4)SC420; 2006(4)KarLJ29; (2006)IILLJ722SC; (2006)2MLJ326(SC); 2006(4)SCALE197; (2006)4SCC1; 2006(3)SLJ1(SC)

..... the procedure established by law for public employment and would have to fail when tested on the touchstone of constitutionality and equality of opportunity enshrined in article 14 of the constitution of india.37. learned senior counsel for some of the respondents argued that on the basis of the doctrine of legitimate expectation, the employees, especially of the commercial taxes department, ..... regularize such appointments. this court also held that regularization is not and cannot be a mode of recruitment by any state within the meaning of article 12 of the constitution of india or any body or authority governed by a statutory act or the rules framed thereunder. regularization furthermore cannot give permanence to an employee whose services are ad hoc in ..... 2001 reflects the other side of the coin. the appellant association with indefinite number of members approached the high court with a writ petition under article 226 of the constitution of india challenging the order of the government directing cancellation of appointments of all casual workers/daily rated workers made after 01.07.1984 and further seeking a direction for the ..... . it has to be emphasized that this is not the role envisaged for high courts in the scheme of things and their wide powers under article 226 of the constitution of india are not intended to be used for the purpose of perpetuating illegalities, irregularities or improprieties or for scuttling the whole scheme of public employment. its role as the sentinel .....

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