Court : Supreme Court of India
Reported in : AIR2005SC162; 2005(1)ALD102(SC); 2004(5)CTC426; 2005(3)ESC426; [2005(2)JCR204(SC)]; JT2005(11)SC482; (2005)1MLJ79(SC); 2004(9)SCALE316; (2005)1SCC394; 2005(2)SLJ388(SC)
..... petitions as being violative of articles 15(4), 16(4), 162, 246, 341(1), 338(7), 46, 335 and 213 of the constitution of india as also the constitutional (scheduled castes) order 1950 notified by the president of india and scheduled castes and scheduled tribes amendment act, 1976. during the pendency of the said writ petitions, the state government replaced the ordinance ..... appointed a commission headed by justice ramachandra raju (retd.) to identify the groups amongst the scheduled castes found in the list prepared under article 341 of the constitution of india by the president, who had failed to secure the benefit of the reservations provided for scheduled castes in the state in admission to professional colleges and appointment to services in the ..... exclusion from the said list can only be done by the parliament under article 341(2) of the constitution of india. in the entire constitution wherever reference has been made to 'scheduled castes' it refers only to the list prepared by the president under article 341 and there is no reference to any sub-classification or division in the said list except ..... submitted the classification or sub-grouping made by the state legislature amounting to sub-classification or micro classification of the scheduled caste is violative of article 14 of the constitution of india.8. one of the arguments addressed on behalf of the appellant is that allotting a separate percentage of reservation from amongst the total reservation allotted to the scheduled .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1980AP172
..... is unprecedented. but is the writ plea for the imposition of martial law on the whole country by the president of india referred to in the petition as the 'supreme commander of the defence forces' legally tenable? is the president of india constitutionally comeptent to impose martial law on the country in the present circumstances? has this court got power and jurisdiction ..... to issue this writ?3. the petitioner in his affidavit states that the president of india knows fully well that no single party or group commands majority in ..... the lok sabha at present. he further states that the present constitutional impasse ..... petition in our view is totally misconceived. technically no writ of this court can go to the president of india whom the petitioner chooses to describe as the 'supreme commander of the armed forces'. article 361, cl. (1) of the constitution which declares 'the president, or the governor of rajpramukh of a state, shall not be answerable to any court for .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1977MP176
..... , j.1. this is a petition filed by the petitioners for a certificate under articles 132 and 133 of the constitution of india.2. learned counsel appearing for the petitioners contended that in so far as the notification by the president of india constituting permanent benches under section 51(2) of the states reorganisation act is concerned, it involves a question about the interpretation of ..... articles 2, 3, 4 and entry 78, list i, of the seventh schedule of the constitution. it is also contended that as regards the decision about the ..... the applicants are advocates practising in the high court of madhya pra-desh at jabalpur. they had filed a petition under articles 226 and 227 of the constitution praying that the orders of the president of india, dated 28-11-1968, establishing permanent benches at gwalior and indore be quashed and the hon'ble the chief justice be directed to recall the orders ..... jurisdiction for the permanent benches at gwalior and indore so as to curtail the jurisdiction of the high court at its principal seat ? (ii) whether the orders of the president constituting permanent benches at gwalior and indore vide annexs. 1 and 2 to the return of the registrar are to be construed as carving out an exclusive jurisdiction for the said .....Tag this Judgment!
Court : Kolkata
..... the said decision as the cabinet decision yet nowhere it has been started that the said order was passed by the president under the constitution of india. in the case mono kami basu v. bank of india (1976) 2 c.l.j. 427, a.n. sen, j. held that 'in the absence of any ..... supply corporation. v. industrial tribunal 79 cwn 312, where a division bench of this high court presided over by the hon'ble chief justice held that 'an application under article 226 of the constitution of india can be maintained in the original side of the high court where all the persons and authorities ..... the appellate jurisdiction of this court and in that respect he craved reference to the rules relating to matters under article 226 of the constitution of india and submitted that as the respondents are either in delhi or at airport outside the jurisdiction of this court. i sitting in the original ..... said impugned circulars dated 10th/15th of may, 1978 as also 12/15th of may, 1978 on ground that, thoscare violative of the provisions of the constitution of india and the (sic) framed thereunder and the central services (classification, control and appeal) rules, 1965. in fact, the petitioners were neitler in strike nor ..... monthly rate of pay as the terms and conditions of employment of the petitioners are governed by statutory rules framed under art. 309 of the constitution of india and the principle 'no work no pay' has no place or foundation in the said rules. as there is a comprehensive code containing disciplinary .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1993MP214
..... the opinion that the government of the state cannot be carried on in accordance with the provisions of the consitution of india. hence, it is recommended that your excellency, the president of india, shoul proclaim president's rule under article 356 of the constitution of india and dissolve the state legislature forthwith. xxx xxx xxx 8c. the governor of state of madhya pradesh again on 10th ..... citizens in few cities in the state, as a result of sudden out-break of violence, could reasonably lead to the satisfaction of the president that the government was unable to function in accordance with the constitution of india and this court cannot sit on judgment over the same.32. the presidential proclamation, therefore, for the reasons given by us above, 'deserves ..... state and dissolving the state assembly. before we deal with the main contentions advanced by the counsel for the petitioner on the question of extent of power of the president under article 356 of the constitution of india and the scope of judicial review, it would be necessary to briefly state the factual back-ground in which the impugned proclamation by the ..... of the adminis-tration, 1 have reasons to be convinced that there should not be any further delay in imposition of president's rule according to article 356 of the constitution of india.xxxxx along with these three letters submitted to the president, letters from the secretary of the governor sent to the chief secretary of the state dated 10th december, 1992 (annexure .....Tag this Judgment!
Court : Patna
..... and assigned any reason they cannot be reduced in rank, dismissed or removed from service. however, for want of these qualifying or alike words under article 156(1) of the constitution of india, the president of india remains the best judge of the situation in respect of withdrawing pleasure from the office of h.k. the governor. 14. hence, since article 156 of the ..... the constitutional powers by the president of india, the appointment of h.e. the governor sri sunder singh bhandari has been made as governor of state of bihar. 34. thus, this writ petition fails and is ..... a state may be reduced, or he may be asked to vacate or may be transferred from one state to another, and so rightly in exercise of the constitutional powers by the president of india, h.e. the governor dr. a. r. kidwai is transferred from state of bihar to the state of west bengal and similarly, in his place, in exercise of ..... to remain in office till the government enjoys the pleasure/ confidence of the elected representatives of the people, it recommends and appoints constitutional functional i.e. through the process of article 74 of the constitution through the president of india, and the constitutional functionaries continue in offices either during the pleasure of the presidentor during the good conduct and behaviour and no sooner pleasure is .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1974AP106
..... this application for the issue of a writ under article 226 of the constitution, he questions the validity of the proclamation of the president of india under article 356 of the constitution imposing what is familiarly called 'president's rule' in the state of andhra pradesh and the order of the president directing the governor of the state of andhra pradesh to perform all the functions ..... article 258(1).'it is thus clear that the power of the president under article 356 is not 'executive action' of the government of india under article 77(1) of the constitution . but that does not mean that the president acts wholly independently of the cabinet. under article 74(1) of the constitution there shall be a council of ministers with the prime minister at ..... rightly or wrongly in the matter may be decided against the government of india without questioning the conduct of the president. therefore, the only question open is whether the act of the president open is whether the act of the constitution'.thus according to the learned chief justice the court was incompetent to go into the question of mala fide or probe into the ..... . at this stage , it is necessary to know the character of the power exercised by the president under article 356 of the constitution. it has been pointed out by the supreme court in javantilal amratlal v. f. n. rana, : 5scr294 and sardari lal v. union of india , : (1971)illj315sc that the power , under article 356 is not a power of the union .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(1)ALD509; 2004(2)ALT409
..... may, 1987 with respect to the state of punjab. 14. from the scheme of article 356 two sources are contemplated for exercising powers under article 356 of the constitution of india by the president of india. the first source is a report from the governor of the state and the other source as contemplated under article 356 is the information received from sources other ..... other sources as visualize under article 356 such as report from a union minister or any advice by the union council of ministers to the president of india for invoking jurisdiction under article 356 of the constitution of india.19. exercise of power by the governor under article 174(2)(b) on the aid and advice of the council of ministers as provided ..... on behalf of the petitioner, learned advocate general mainly contended that the situation is not so dark as depicted by the petitioner warranting interference by the president of india invoking jurisdiction under article 356 of the constitution of india. learned advocate general stated that though full term of the assembly is for a period of five years, which would expire by end of september ..... is undertaken by us.6. on behalf of the petitioner sri s. ramachandra rao, learned senior counsel took us to various provisions contained in the constitution of india relating to the powers and functions of the president of india, composition of the union government, powers and functions of the governor of a state and the composition of the state cabinet and also the provisions .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1987All351
..... conducting elections till unconstitutional amendments and defects in the said act are removed or rectified. a direction has further been claimed commanding the respondent no. 2 sri giani zail singh, president of india to protect the constitution of india and well-being of the people in accordance with the oath taken by him and also directing respondent no. 2 sri giani zail singh ..... published as provided in form-i. the case of the petitioner further is that only such person who is the cream of the nation shall be elected president of india who is capable of upholding the constitutional guarantees and obligations and is competent to preserve the welfare of the people for which he has taken oath as enshrined in article 60 of the ..... a government treasury.' in this context it is also necessary to reproduce as well the provisions of article 58 of the constitution of india. '58. (1) no person shall be eligible for election as president unless he - (a) is a citizen of india, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the house ..... urged by the counsel appearing on behalf of the respondents that the respondent no. 2 sri zail singh, president of india, respondent no. 3 sri rajiv gandhi, prime minister of india have been viciously impleaded. there is a constitutional protection to the president of india within the ambit of article 361 of the constitution. sagacity is often overwhelmed by oblique considerations. to drag the office of the .....Tag this Judgment!
Court : Allahabad
Reported in : (1997)1UPLBEC594
..... are hereby allowed to this extent.brijesh kumar, j.1. the validity of notification dated october 17, 1996 issued by the president of india in exercise of powers under article 356 of the constitution has been impugned by the petitioners. the president of india, while recording his satisfaction, on the basis of reports received from the governor of uttar pradesh, that a situation has arisen ..... no wrong' and therefore he cannot be commanded by courts' orders. however, since this doctrine in the shape of article 361 is adopted by or in our constitution, the head of the states and the president of india cannot be commanded by issuing a writ of mandamus. but one thing is certain that from where this immunity clause emanates and adopted in our ..... kept in suspended animation.'17. it it only thereafter that vide notification dated 17-10-1996 in exercise of powers conferred by clause (2) of article 356 of the constitution, his excellency hon'ble the president of india revoked the earlier proclamation dated 18-10-1995, and on the same day i e. on 17-10-1996 itself his excellency hon'ble the ..... . clause (5) of article 356 itself limits the continuance of presidential rule up to one year and therefore, even if the subjective satisfaction of president of india is there but also if it results into continuation beyond the constitutionally fixed limit, it would certainly be unconstitutional. as regards the aforesaid notification under section 73, its effect is that the legislative assembly is deemed .....Tag this Judgment!