Court : Andhra Pradesh
Reported in : (1986)ILLJ145AP
..... significance to our legal system. today, it is an accepted proposition of our constitutional law that the preamble to our constitution is itself an integral part of the constitution. the decision of the supreme court in kesavananda bharai's case is a refutation of the old theory that looks down upon the constitutional preamble as some what of a sleep-walker. as a part of the ..... constitution, preamble will enjoy the same legal status and significance as other parts of the constitution do. it, therefore, becomes necessary to ascertain the legal significance of the preamble declaring india to be a socialist democratic republic. what is the ..... significance of the addition of the word 'socialist' in the preamble to our constitution addressing itself to somewhat a similar .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... purposes" (page 22).1156. roger sherman hoar in his book on "constitutional conventions-their nature, powers and limitations", speaking of the american constitution as the one based upon popular sovereignty, says:the federal constitution was ordained and established by the people of the united states" (u.s. constitution, preamble) and guarantees to each of the several states "a republican form of ..... government" (u.s. constitution, article iv). this means, in other words, a ..... state, in this context, relating to this subject matter, what is the true meaning of that word?"we shall first deal with the preamble in our constitution. the constitution makers gave to the preamble the pride of place. it embodied in a solemn form all the ideals and aspirations for which the country had struggled during the british regime ..... article 14 and article 19 guarantee.1233. the guarantee of equality contained in article 14 has incorporated the principle of "liberty" and "equality" embodied in the preamble to the constitution. the prohibition is not only against the legislatures but also against the executive and the local authorities. two concepts are inherent in this guarantee-one of 'equality .....Tag this Judgment!
Court : Supreme Court of India
..... singh gopalan doctrine: fundamental rights as isolated silos cooper and maneka: interrelationship between rights origins of privacy natural and inalienable rights evolution of the privacy doctrine in india the indian constitution preamble jurisprudence on dignity 2 fundamental rights cases no waiver of fundamental rights privacy as intrinsic to freedom and liberty discordant notes : (i) adm jabalpur (ii) suresh koushal india ..... decide on the objection of the union of india to the existence of such a right in the first place. i the indian constitution preamble 93 the preamble to the constitution postulates that the people of india have resolved to constitute india into a republic which (among other things) is sovereign and democratic and to secure to all its citizens: justice, social, ..... with the liberty and dignity of the individual. according to them, this right is found in articles 14, 19, 20, 21 and 25 when read with the preamble of the constitution. further, it was also argued that several international covenants have stated that the right to privacy is fundamental to the development of the human personality and that these ..... give any fair play to the nature of each, it is essential that different persons should be allowed to lead different lives. (emphasis supplied) 84. liberty in the preamble to the constitution, is said to be of thought, expression, belief, faith and worship. this cardinal value can be found strewn all over the fundamental rights chapter. it can be found .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1978SC215; (1977)4SCC471; 1SCR641
..... progressive participation by the state by the time the 1956 resolution was made. this fresh statement of industrial policy took note of the constitutional preamble which, inter alia aimed at securing justice-social, economic and political. articles 38 and 39 were also adverted to so that a ..... directive principles of state policy while decoding the cryptic expression 'public purpose'. even in kameshwar the court referred to article 39 and the preamble to the constitution and the obligation to secure its citizens justice- social, economic and political. the reference, here and there, in the separate judgments ..... equity-loaded legality. a judge is a social scientist in his role as constitutional invigilator and fails functionally if he forgets this dimension in his complex duties.49. the creedal essence of the constitution consists in its preamble, articles. 38, 39(b) and (c), 31 and the bunch of ..... words used with hopeful foresight, not to circumscribe their connotation into contradiction of the objectives inspiring the provision. to be pharisaic towards the constitution through ritualistic construction is to weaken the social-spiritual thrust of the founding fathers' dynamic faith.99. an american political scientist, benjamin twiss ..... articles 31a, 31b and 31c (we do not deem it necessary to refer in this case to the 42nd constitution amendment act).50. our emphasis is .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; Supp10SCR585; 111STC467(SC)
..... the seller has to do to absorb higher duty is to include it in its price and pass it on to the consumers?121. if preamble to the constitution and social justice is borne in mind, then it may as well be argued, as karl marx did, that every article of manufacture is ..... in cases where excise duty has been passed on, it will result in a mockery, totally ignoring the other salient features of the constitution and the ground realities. as the preamble states, the constitution was enacted by the people, to secure to all the citizen, justice, political, social and economic. it is fairly settled by ..... the observations in para 29 - clause iii shall also be borne in mind.(c) article 265 should be read along with the preamble and article 39(b) and (c) of the constitution, and so construed in cases where the assessee has passed on the liability to the consumer or third party, he is not ..... re-structuring of our society - the goal being what is set out in part-iv of the constitution and, in particular, in articles 38 and 39. indeed, the aforesaid words in the preamble constitute the motto of our constitution. if we can call it one. article 38 enjoins upon the state to 'strive to promote the ..... counsel for the union of india, sri k. parasaran, brought to our notice the following portion of the preamble and article 39(b) and (c) of the constitution to contend that article 265 of the constitution cannot be construed in a vacuo or isolation, but should be construed in the light of the basic principles .....Tag this Judgment!
Court : Rajasthan
Reported in : 1981WLN701
..... the rajasthan universities ordinance, 1978, (ordinance no. 5 of 1978) shall be considered by the university concerned for their absorption and substantive appointment on the recommendations of the screening committee constituted under section 4 or section 5, as the conditions of eligibility including minimum qualification prescribed by the university on the respective dates of their temporary appointments and subject also to ..... . this would cover the cases of the temporary lecturers, who were in employment on the date of the commencement of the ordinance and that would be in consonance with the preamble and the statement of objects of the legislation, which was to provide for the regularisation of the temporary lecturers who were in services and were appointed earlier during the period ..... emergency was found to be reasonable and permissible, the stretching of the same to the earlier period upto 27-2-75 was held to be impermissible and invalid.54. the preamble of the bill and the sections clearly made out a case of valid classification for special trials by special courts of those offenders who committed offences during the period of ..... . this bill in its ambit wanted to cover the offences committed from 27-2-75 to 25-6-75 also in addition to the period of emergency. the preamble of the bill stated as under:(f) the special courts bill, 1978--a bill to provide for the trial of a certain class of offences.whereas the commissions of enquiry .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1980SC2147; 1980CriLJ1440; (1981)1SCC107; 1SCR1196
..... remains a savage, thanks to jail regimen and jailor relations, sounds insensitive. karuna, daya, prema and manavata, are concepts of spiritualised humanism secularly implicit in our constitutional preamble. alienation of our justice system from our cultural quintessence, thanks to the hang-over of the colonial past, may be the pathological root of the brute penology which ..... 21, and the irrationality of arbitrary incarceratory brutality violative of article 14 invest the demand for a reformatory component in jail regimen with the status of a constitutional requirement. we need not prolong the judgment by substantiation of this proposition because the learned solicitor general, with sweet reasonableness and due regard to the precedents of ..... as against others. the capricious insistence on continued detention of a prisoner long after he has been fully resocialised is a penological overkill, purposeless torture and constitutional blunder. these two inter-twined arguments cannot be appreciated without investigating the rational penal policy of our system and the brutal impertinence of rigorous incarceration beyond the ..... convicts', well over two thousand strong, with more joining the march even as the arguments were on, has vicariously mobbed this court, through their learned counsel, carrying constitutional missiles in hand and demanding liberty beyond the bars. they challenge the vires of section 433a of the criminal procedure code (procedure code, for short) which compels 'caging' of .....Tag this Judgment!
Court : US Supreme Court
..... . tellingly, the phrase public use contrasts with the very different phrase general welfare used elsewhere in the constitution. see ibid. ( congress shall have power to provide for the common defence and general welfare of the united states ); preamble (constitution established to promote the general welfare ). the framers would have used some such broader term if they ..... 1984). relying on those lines of cases, the court in berman and midkiff upheld condemnations for the purposes of slum clearance and land redistribution, respectively. subject to specific constitutional limitations, berman proclaimed, when the legislature has spoken, the public interest has been declared in terms well-nigh conclusive. in such cases the legislature, not the judiciary, ..... . indeed, many states already impose public use requirements that are stricter than the federal baseline. some of these requirements have been established as a matter of state constitutional law,[ footnote 22 ] while others are expressed in state eminent domain statutes that carefully limit the grounds upon which takings may be exercised.[ footnote 23 ] as ..... . orderly implementation of a comprehensive redevelopment plan obviously requires that the legal rights of all interested parties be established before new construction can be commenced. a constitutional rule that required postponement of the judicial approval of every condemnation until the likelihood of success of the plan had been assured would unquestionably impose a significant .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2007(3)Raj1749
..... whether not to absorb the petitioners with ssa is discriminatory and is in violation of articles 14 and 16 of the constitution of india?41. the constitution of india is a unique legal and social document that by its preamble constitute a republic to secure equality of the status and of opportunity among its citizens. to make the concept of equality a ..... instant matters is having no rational, therefore, the same is illusionary and by creating such illusion the concept of equality cannot be victimise. an agency of a modern constitutional state with responsibility to implement an enormous social development programme like universalisation of elementary education cannot be permitted to adopt a tactics that by its nature sacrifice uniformity among ..... , carrying out governmental activity and governmental functions of vital public importance, there may be little difficulty in identifying the body as 'state' within the meaning of article 12 of the constitution. [see: (i) p.k. ramchandra iyer v. union of india : (1984)illj314sc ; (ii) central inland water transport corporation v. brojonath gangoli : (1986)iillj171sc ; and (iii) tekraj vasandhi ..... reality, it is also included as a fundamental right of every person. article 14 of the constitution of india, with its all vigour protects every person from .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : 2005(3)JKJ205
..... the detaining authority when it records that there is a chance of the detenue being released on bail, the court has to keep in mind the aforesaid conspectus of the constitution, preamble, objects and reasons of the act. when one's liberty is to be curtailed on the subjective satisfaction of the detaining authority with the area of interference by the court ..... is apparent that the order of detention has been passed on his past activities, detailed explicitly in the grounds of detention. all the obligations under article 22(5) of the constitution of india have been discharged by the detaining authority by communicating the grounds to the person detained and the order of detention has been made available and supplied the copies ..... detenue was also informed of his right of making representation to the government against his detention, as envisaged under section 13 of the act and article 22(5) of the constitution of india. the detention order of detenue was approved by the government well within a period of 12 days from the date of issuance of detention order. the order of ..... petition, passed against the detenue keeping him in preventive detention for a period of 24 months from the date of the order, does not suffer from any infirmity, legal or constitutional.15. in the result, the writ petition, in my opinion, does not possess any merit and, thus, fails. it is, accordingly, dismissed .....Tag this Judgment!