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Aug 22 2006 (SC)

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

..... exercising powers, they are weighed heavily in favour of the center, so much so that various descriptions have been used to describe india such as a pseudo-federation or quasi- federation in an amphibian form, etc. the constitution provides for the bicameral legislature at the center. the house of the people is elected directly by the people ..... advocating national programmes and development of national integration, etc.108. similarly, in india, after 1990, due to relaxation of central economic control, the conceptual and theoretical framework of federalism has undergone a sea-change. the concepts of the words 'residence' and 'representative' are not fixed concepts, therefore, they have to change with time. the constitutional ..... people, to preserve and elongate the constitutional goals including secularism.248. the preamble of the constitution is an integral part of the constitution. democratic form of government, federal structure, unity and integrity of the nation, secularism, socialism, social justice and judicial review are basic features of the constitution.(emphasis supplied)justice b.p. jeevan reddy ..... look into the historical legislative developments, constituent assembly debates, or any enactment preceding the enactment of the constitutional provisions.(ii) legislative historythe constitution has established a federal system of government with bi-cameral legislature at the center which is not something which was grafted in the constitution for the first time. its history goes .....

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Jan 25 1985 (HC)

Hotel Dwaraka, Hyderabad Vs. the Union of India and ors.

Court : Andhra Pradesh

Reported in : [1985]58STC241(AP)

..... 1964]1scr371 referring to the structure and framework of the constitution, the supreme court said : 'the result was a constitution which was not true to any traditional pattern of federation. there is no warrant for the assumption that the provinces were sovereign, autonomous units which had parted with such power as they considered reasonable or proper for enabling the central ..... of india. article 365 of the constitution provides for enforcing the directions given by the central government under article 256 of the constitution. the key concept of co-operative federalism is partnership locking the states and the central government in joint endeavours to pursue commonly shared goals. co-operative programmes are developed in the fields of agriculture, highway construction ..... court observed that the indian constitution is unlike any that had been called to their lordships' notice in that it contained an exhaustive enunciation and distribution of powers between the federal and provincial legislatures. in sasanka sekhar maity v. union of india : [1980]3scr1209 the supreme court observed that the courts will have no power to go into ..... counsel for some of the petitioners, submits that the amendment amounts to usurpation of the jurisdiction of the state legislatures under the guise of amending power and under a federal constitution wherein there is demarcation of powers, such an exercise of power amounts to amending the basic structure of the constitution. reference is made to the decision in .....

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May 06 1977 (SC)

State of Rajasthan and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1

..... malaya holding that the validity of the proclamation was not justiciable and onr j. holding that it was. whether a proclamation under statutory powers by the supreme head of the federation can be challenged before the courts on some or any grounds is a constitutional question of far-reaching importance which, on the present state of the authorities, remains unsettled and ..... was in effect and substance reversed by the supreme court in baker v. carr. the supreme court in baker v. can, held that it was within the competence of the federal courts to entertain an action challenging a statute apportioning legislative districts as contrary to the equal protection clause. this case clearly decided a controversy which was political in character, namely ..... certainly, judged both by the contents of power which a number of its provisions carry with them and the use that has been made of them, more unitary than federal. i mention the use that has been made of the constitutional provisions because constitutional practice and convention become so interlinked with or attached to constitutional provisions and are often so ..... 1) as well as matters which deserve careful scrutiny and adjudication after ascertainment of correct facts.53. we are reluctant to embark on a discussion of the abstract principles of federalism in the face of express provisions of our constitution. nevertheless, as the principles have been mentioned as aids to the construction of the constitution whose basic structure may, no doubt .....

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Oct 12 1993 (HC)

Gowri Industries Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR3153; 1993(4)KarLJ604

..... to fix the price to meet their respective needs. this interpretation of the phrase 'evinces an intention to occupy the field' would keep alive the structure of co-operative federalism of the vast country. tika ramji's case shall have to be respected as a binding precedent.21. i may also refer to one more decision of the supreme court ..... ' (1972 edition) said, at page 186:'the political structure of the indian constitution is so unusual that it is impossible to describe it briefly. characterization such as 'quasi-federal' and 'statutory decentralization' are interesting, but not particularly illuminating. the members of the assembly themselves refused to adhere to any theory or dogma about ..... and their relations with the governments of their constituent units. the assembly in fact, produced a new kind of federalism to meet india's peculiar needs.'though the federalism envisaged by the indian constitution is compared to 'co-operative federalism' the mechanics of interpretation of the constitution should mould itself to make it a workable organ and prevent a possible friction ..... federalism. india had unique problems, they believed, problems that had not 'confronted other federations in history'. these could not be solved by recourse to theory because federalism was 'not a definite concept' and lacked 'stable meaning'. therefore, assembly members, drawing on the experience .....

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Oct 19 2006 (SC)

M. Nagaraj and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2007SC71; 2006(4)AWC4054(SC); [2007(1)JCR147(SC)]; JT2006(9)SC191; 2006(6)KarLJ529; 2006(10)SCALE301; (2006)8SCC212

..... . applying the test of 'identity', we do not find any alteration in the existing structure of the equality code. as stated above, none of the axioms like secularism, federalism etc. which are overarching principles have been violated by the impugned constitutional amendments. equality has two facets - 'formal equality' and 'proportional equality'. proportional equality is equality 'in ..... (4) of article 16. they are not constitutional limitations. they are concepts derived from service jurisprudence. they are not constitutional principles. they are not axioms like, secularism, federalism etc. obliteration of these concepts or insertion of these concepts do not change the equality code indicated by articles 14, 15 and 16 of the constitution. clause (1) ..... the force of law. the rule of law and equality before the law are designed to secure among other things justice both social and economic. secondly, a federal constitution with its distribution of legislative powers between parliament and state legislatures involves a limitation on legislative powers and this requires an authority other than parliament and state ..... that one would be able to distinguish essential from less essential features of the constitution.20. the point which is important to be noted is that principles of federalism, secularism, reasonableness and socialism etc. are beyond the words of a particular provision. they are systematic and structural principles underlying and connecting various provisions of the constitution .....

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Mar 17 2009 (HC)

P.B. Samant, Vs. Union of India (Uoi),

Court : Mumbai

Reported in : 2009(3)BomCR133; 2009(111)BomLR1745

..... and ors. : (2007)109bomlr1981 where the court, while referring to the judgments of the supreme court in balco employees' union (regd.) v. union of india and ors. : (2002)illj550sc and federation of railway officers association and ors. v. union of india : [2003]2scr1085 , observed that policy decisions which fall within the domain of the authorities concerned, the effects and repercussions of ..... state legislative assembly.15. in the case of state of west bengal v. kesoram industries ltd. and ors. : [2004]266itr721(sc) , the supreme court reiterated this principle and held that federal structure of constitution as a factor in dealing with purported conflict between taxation powers of the union and the states with historical bias in favour of strong centre and it ..... action of the central government in issuing the dicta to the state is opposed to the constitutional scheme of state and centre functioning in their respective fields. ours is a federal constitution and the supreme court in the case of kuldip nayar and ors. v. union of india and ors. : air2006sc3127 , clearly stated that though the ..... is dominant in our constitution that principle is one of its basic features, but, it is also equally true that federalism under the indian constitution leans in favour of a strong centre, a feature that militates against the concept of strong federalism. some of the provisions that can be referred to in this context include the power of the union to deal .....

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Apr 25 2014 (FN)

In the Matter of a Reference by the Governor in Council Concerning Ref ...

Court : Canada Supreme Court

..... [111] the majority of the changes to the senate which are contemplated in the reference can only be achieved through amendments to the constitution, with substantial federal-provincial consensus. the implementation of consultative elections and senatorial term limits requires consent of the senate, the house of commons, and the legislative assemblies of at ..... generals invocation of the language of pith and substance? does not alter this principle. the implementation of consultative elections falls outside the scope of the unilateral federal amending procedure [68] the attorney general of canada argues in the alternative that, if the implementation of consultative elections requires a constitutional amendment, then it can ..... how to amend the constitution of canada (see appendix). it tells us what changes parliament and the provincial legislatures can make unilaterally, what changes require substantial federal and provincial consent, and what changes require unanimous agreement. history [29] the part v amending formula reflects the principle that constitutional change that engages provincial ..... p. 344; supreme court act reference, at para. 19. generally, constitutional interpretation must be informed by the foundational principles of the constitution, which include principles such as federalism, democracy, the protection of minorities, as well as constitutionalism and the rule of law: secession reference; provincial court judges reference; new brunswick broadcasting co. v. nova .....

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Mar 21 2014 (FN)

In the Matter of a Reference by the Governor in Council Concerning Sec ...

Court : Canada Supreme Court

..... not exist and the exchequer court that did exist had no reserved quebec seats. [140] the majority states that the repeated failure to include the quebec appointees to the federal court and federal court of appeal among the judges who may serve as ad hoc judges of this court in place of s. 6 judges suggests that the exclusion was deliberate? (para ..... (s. 5 and s. 30(1)) and the more restrictive eligibility requirements for the quebec seats on the court (s. 6 and s. 30(2)). [66] this exclusion of federal court and federal court of appeal judges from appointment as ad hoc judges for quebec lends support to the conclusion that those judges are similarly excluded from appointment to the court under ..... heavily on the context provided by constitutional negotiations following the patriation of the constitution in 1982, particularly on quebecs agreement to proposed constitutional reforms that would have explicitly rendered federal court and federal court of appeal judges eligible for appointment to one of the quebec seats on the court. the charlottetown accord went furthest by stipulating that it was entrenching the current ..... bar is consistent with the purpose of s. 5, which is to ensure that appointees to the court have adequate legal experience. [34] in the result, judges of the federal court or federal court of appeal will generally qualify for appointment under s. 5 on the basis that they were formerly barristers or advocates of at least 10 years standing. e. section .....

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Nov 11 2016 (SC)

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... such residuary power cannot be so expansively interpreted, as to whittle down the power of the state legislature. that might affect and jeopardize the very federal principle. the federal nature of the constitution demands that an interpretation which would allow the exercise of legislative power by parliament pursuant to the residuary powers vested in it ..... our purpose, further it is really not necessary to determine whether, in spite of the provisions of the constitution referred to above, our constitution is federal, quasi-federal or unitary in nature. it is not the theoretical label given to the constitution but the practical implications of the provisions of the constitution which are of ..... | |preference shall be given | | |by any regulation of trade,| | |commerce or revenue to one | | |unit over another : | | |provided also that nothing | | |in this section shall | | |preclude the federal | | |parliament from imposing by| | |act restrictions on the | | |freedom of trade, commerce | | |and intercourse among the | | |units in the interests of | | |public order, morality or | | |health ..... backdrop in which the government of india act, 1935 was enacted, including the recommendations made by the butler committee, the round table conference, the federal structure committee, the federal legislature and provincial legislature committee and the joint parliamentary committee to eventually conclude that the avowed object underlying all these recommendations and constitutional framework was .....

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Feb 19 1985 (FN)

Garcia Vs. San Antonio Transit Auth.

Court : US Supreme Court

..... of democratic self-government at the state and local levels. one must compare realistically the operation of the state and local governments with that of the federal government. federal legislation is drafted primarily by the staffs of the congressional committees. in view of the hundreds of bills introduced at each session of congress and the ..... tends to be greater, the lower the level of government, and this, of course, better approximates the citizen participation ideal." acir, citizen participation in the american federal system 95 (1980). moreover, we have witnessed in recent years the rise of numerous special interest groups that engage in sophisticated lobbying, and make substantial campaign contributions ..... of structural and political changes occurring in this century have combined to make congress particularly insensitive to state and local values." advisory commission on intergovernmental relations (acir), regulatory federalism: policy, process, impact and reform 50 (1984). the adoption of the seventeenth amendment (providing for direct election of senators), the weakening of political parties on the ..... the national government. as contemporaneous writings and the debates at the ratifying conventions make clear, the states' ratification of the constitution was predicated on this understanding of federalism. indeed, the tenth amendment was adopted specifically to ensure that the important role promised the states by the proponents of the constitution was realized. much of .....

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