Court : US Supreme Court
..... 53, c. 8. this was approved eleven days after the act establishing the department of foreign affairs, and was evidently in form a declaration in accord with the legislative constitutional construction of the latter act. in the provision for the treasury and war departments, the same formula was used as occurred in the act creating the department of foreign ..... no definite term -- the incumbent would serve until death, resignation or removal. in the circumstances, most of the speakers recognized the rule that, where there is no constitutional or legislative restriction, power to remove is incidental to that of appointment. accordingly, they thought the page 272 u. s. 194 president could remove the proposed officer; but many ..... other inferior officers of the militia, shall be chosen by the companies, in the respective counties; but field and general officers, by the council and assembly." north carolina constitution, 1776 -- "that the legislative, executive, and supreme judicial powers of government, ought to be forever separate and distinct from each other: . . . that the general assembly shall, by joint ballot ..... the head of a department "the president has certainly no power to remove." state courts have uniformly held that, in the absence of express provision in their constitution to the contrary, legislative restrictions upon the power of removal by the governor, or other appointing power, are valid as applied to persons holding statutory offices. commonwealth v. sutherland, 3 serg .....Tag this Judgment!
Court : US Supreme Court
..... federalism interest. the court, through its evidentiary demands, its nondeferential review, and its failure to distinguish between judicial and legislative constitutional competencies, improperly invades a power that the constitution assigns to con- 389 gress. morgan, 384 u. s., at 648, n. 7 (the "sponsors and supporters of the [fourteenth] amendment were primarily interested in augmenting ..... 528 u. s., at 89 ("congress never identified any pattern of age discrimination by the states, much less any discrimination whatsoever that rose to the level of constitutional violation"). the legislative record of the ada, however, simply fails to show that congress did in fact identify a pattern of irrational state discrimination in employment against the disabled. respondents ..... boerne also confirmed, however, the long-settled principle that it is the responsibility of this court, not congress, to define the substance of constitutional guarantees. 521 u. s., at 519-524. accordingly, 5 legislation reaching beyond the scope of l's actual guarantees must exhibit "congruence and proportionality between the injury to be prevented or remedied and the ..... of boerne v. flores, 521 u. s. 507 , 536. because it is this court's responsibility, not congress', to define the substance of constitutional guarantees, id., at 519-524, 5 legislation, to the extent it reaches beyond the precise scope of 1's protections, must exhibit congruence and proportionality between the injury to be prevented or remedied .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1993(3)ALT568
..... from the said constituency.2. an election notification was issued by the ninth respondent (chief election commissioner) on 3-3-1993, notifying the process of of election to the panyam legislative constitutency. according to the said notification, 10th march, 1993 was the last date for filing nominations. scrutiny was to take place on 11th march, 1993. the date for withdrawal of ..... 'the act'. while considering the question of what is meant by complying with the requirement of section 82 in the said context, justice s.k. das speaking for the constitution bench stated as follows:'the question before us is, does this amount to non-compliance with, or contravention of the provisions of section 82?. learned counsel for the appellant wishes ..... , it will be useful to note the judgment of the supreme court in mohan raj v. surendra kumar, : 1scr630 . in the said case, an elector of pali parliamentary constitutency presented an election petition challenging the election of the successful candidate at the pali parliamentary constituency in the fourth general elections. in the contest even though one r.d. periwal ..... 2nd june, 1993 to dispose of urgent applications unless otherwise notified. whenever necessary, a bench will be formed for the disposal of urgent work.the mid-vacation bench will be constituted for the disposal of referred trials and other urgent work, if any, from 18th may, 1993 (tuesday).sri t.g. krishnamachari, deputy registrar and sri a. eswaraiah, assistant registrar .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC2324; JT1997(4)SC750; 1997(3)SCALE686; (1997)6SCC129; 3SCR412
..... candidate was available, resort to dereservation of the vacancy thereafter was clearly illegal. it would, therefore, be clear that the authorities are to implement the rule, executive/legislative/constitutional policy of principle in true spirit, honestly and sincerely to effectuate the policy; no mandamus or direction should be issued to de-reserve the carry forward vacancies reserved for ..... (1997)illj977sc (supra). thus it is settled legal position that application of roster to single post cadre and appointment by promotion to carry forward post is valid and constitutional. with a view to give adequate representation in public service to reserved category candidates, the opportunity given to them is not violative of articles 14 and 16(1) ..... although in actual fact, he is not responsible for their use of power which, he must, of necessity, delegate to them. legitimacy is primarily a feature of constitutional system. they possess this quality by virtue of general public support for their authority and may have it in greater or lesser degree. the bureaucracy shares the collective responsibility ..... the co-operative and dispassionate will of all as its free and equal citizens. the public administration is responsible to effective implication of the rule of law and constitutional commands which effectuate fairly the objective standard set for adjudging good administrative decisions. the public administrator should rid off all mental observations on narrow considerations of caste, religion .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC3687; JT1997(5)SC313; 1997(4)SCALE75; (1997)6SCC283; 1997(2)LC74(SC)
..... that selection goes beyond three years so as to make the government de-reserve the vacancies. it would, therefore, be clear that the authorities should implement the executive/legislative/constitutional policy or principle in their true spirit, honestly and sincerely to effectuate the policy; no mandamus or direction should be issued to de-reserve the carry forward vacancies reserved ..... is an index of the proficiency, efficiency and excellence. they are awarded in internal examination on the basis of caste, creed, colour, religion etc. it is the constitutional imperative of the executive to provide opportunities and facilities to the handicapped to acquire the degree in specialities, super-specialties or technical posts. denial thereof, is a total denial ..... a sense of confidence in the minorities so that none might have a feeling that other section of the population would temple upon the fundamental rights guaranteed under the constitution. the ratio equally applies to the protective discrimination guaranteed to the dalits and tribes. the dalits and tribes are victims of social injustice, practice of untouchability and ..... for whatever be the principle of selection followed for making admissions to medical colleges, it must satisfy the test of equality. now the concept of equality under the constitution is a dynamic concept. it takes within its sweep every process of equalisation and protective discrimination. equality must not remain mere idle incantation but it must become a .....Tag this Judgment!
Court : US Supreme Court
..... different states, and between a state and the citizens thereof and foreign states, citizens or subjects." article 3d, section 1st. without the supreme court as it has been constitutionally and legislatively constituted, neither the constitution nor the laws of congress passed in pursuance of it, nor treaties would be in practice or in fact the supreme law of the land, and the injunction that ..... . this is one of that kind, but fortunately it involves no new principles nor any assertion of judicial action which has not been repeatedly declared to be within the constitutional and legislative jurisdiction of the courts of the united states and by way of appeal or by writ of error, as the case may be, within that of the supreme court ..... . but as it was thought that page 59 u. s. 356 they and the state legislatures might pass laws conflicting with the letter or the spirit of the constitution under which they legislated, it became necessary to make a judicial department for the united states, with a jurisdiction best suited to preserve harmony between the states, severally and collectively, with the ..... property from unreasonable searches and seizures and the title from detriment except in the due course of legal proceeding. the state governments were prohibited from any corresponding legislation, either by their federal or state constitutions. the power to interfere with private contracts is one of the most delicate and difficult in its exercise of any belonging to the social system, and .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(1)ALLMR419; (2001)4BOMLR520
..... a legislative act. it is an activity of the legislature. similarly, when the legislature probes into a given state of affairs, that probe ..... , then such an enquiry is an integral part of the legislative work of the parliament. he relied upon the word 'legislative' in section 74(1)(iii) to be read in conjunction with the expression 'public officers'. he contended that every act, which has a flavour of legislation, constitutes a legislative act. he contends that the debate in the parliament is one such act. it is ..... the act of such public officers, even in their legislative capacity, constitute a public document. he contended that in large number of cases even the judicial branch has taken cognizance of such reports in order to ascertain the reasonableness of the ..... the provisions of the evidence act in the background of the above facts. he contended that when the parliament, which is the highest law making authority, constitutes a committee empowering it to make a legislative probe, the members of the committee arc public officers under section 74(1)(iii) of the evidence act and the documents forming the act or record of .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1974MP141; 1974MPLJ257
..... code, 1959, or the provisions of the hindu succession act in their applicability to devolution of agricultural properties, we would reject all those suggestions and would hold all the three legislations constitutional, which were perfectly within the competence of the state legislature or the parliament, as the case may be.30. this would dispose of the question referred to us in both ..... as regards agricultural land' and, therefore law relating to succession of agricultural land was outside the power of central legislature. under the constitution, the exception as to agricultural lands does not find place in entry 5 in concurrent list, hence legislative power on the topic of succession entirely falls under this entry. the exclusion of the words, 'save as regards agricultural land ..... , 1959, is concerned, we may observe that if entry no. 18 in list ii, of the seventh schedule to the constitution be held to include devolution and succession to agricultural properties, then the state legislature would certainly have the power to legislate in that behalf. but, along with that we have to read item no. 5, in list no. iii of the ..... of the bombay high court in air 1966 bom 64. the learned judges also considered the question regarding the legislative competence of the proclamation to enact a law with reference to entry 18 in list ii of the viith schedule to the constitution. the learned judges expressed the opinion that the matter would fall within the ambit of entry 5 of list .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1993SC1267
..... and psychological, rather than on an empirical plane. then again, dealing with constraints on constitutional interpretation, kent greenawalt in 'conflicts of law and morality' 1987 edition states at p. 338 as follows: impugned amendment whether morallike ordinary legislation, constitutional provisions protecting rights reflects the moral judgments of those who adopted them, in this case ..... complex judgments that certain activities should be put beyond the range of control by the political branches of the government. in constitutions, as in statutes, language may embody a compromise ..... and in order to protect the erstwhile rulers from frivolous suits filed against them in free india after the constitution came into force. this, according to learned counsel, was legislative recognition in addition to the constitutional guarantee contained in articles 291 and 362 of the fact that the erstwhile princes formed a class apart. when ..... under: the question of basic structure being breached cannot arise when we examine the vires of an ordinary legislation as distinguished from a constitutional amendment. kesavananda bharati : 1972crilj1526 cannot be the last refuge of the proprietariat when benign legislation takes away their 'excess' for societal weal. nor, indeed, can every breach of equality spell disaster .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1993(1)SC374; 1993(1)SCALE363; 1994Supp(1)SCC191
..... psychological, rather than on an empirical plane.194. the again, dealing with constraints on constitutional interpretation, kent green walt in 'conflicts of law and morality' 1987 edition states at page 338 as follows:impugned amendment whether moral.like ordinary legislation, constitutional provisions protecting rights reflect the moral judgments of those who adopted them, in this case ..... complex judgments that certain activities should be put beyond the range of control by the political' branches of the government. in constitutions, as in statutes, language may embody a compromise ..... 1951 and in order to protect the erstwhile rulers from frivolous suits filed against them in free india after the constitution came into force. | this, according to learned counsel, was legislative recognition in addition to the constitutional guarantee contained in articles 291 and 362 of the fact that the erstwhile princes formed a class apart. when ..... 'the question of basic structure being breached cannot arise when we examine the vires of an ordinary legislation as distinguished from a constitutional amendment. kesavananda bharati, 1973 supp. scr cannot be the last refugee of the proprietaries when benign legislation takes away their 'excess' for societal weal. nor, indeed, can every breach of equality spell disaster .....Tag this Judgment!