AIR 1971 SC 1002 : (1971) Suppl. SCR 46 : (1971) 2 SCC 63 In India, as in England, the executive has to act subject to the control of the legislature, but in what way is this control exercisable by the legislature? (SUPREME COURT OF INDIA) U. N. R. Rao Appellant Versus Smt. indira Gandhi Respondent (Before : S. M. […]
Day: July 18, 2018
The meaning to the word office’ given in the Statesman (P) Ltd. vs. H. R. Deb, AIR 1968 SC 1495. In the Statesman case, AIR 1968 SC 1495 this Court approved of the observations of Lord Wright in Macmillan vs. Guest, 1942 AC 561 to the following effect: “The word “office” is of indefinite content. Its various meanings cover four […]
Law normally connotes a rule or norm which is of general application. It may apply to all the persons or class of persons or even individuals of a particular description. Law prescribes the abstract principles by the application of which individual cases are decided. Law, however, is not what Blackstone called “a sentence”. According to Roscoe Pound, law, as distinguished […]
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held Supreme Court in the case of Kesavananda Bharati,it was held by majority that the power of amendment of the Constitution contained in Article 368 does not permit altering the basic structure of the Constitution. All the seven Judges who constituted the majority were also agreed that democratic set […]
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] held:- 190. A declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function. Although there is it the Constitution of India no rigid separation of powers, by and large the spheres of judicial function and legislative […]
Supreme Court in Matajog Dobey v. H. C. Bhari, (1955) 2 SCR 925 interpreted the words “official duty” to have reasonable connection between the act and the discharge of duty. The act must bear such relation to the duty that the person could lay a reasonable claim, but not a pretended fanciful claim, that he did it in the course […]
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held :- The hierarchical structure of the legal order of a State is that the Constitution is the highest level within national law. The Constitution in the formal sense is a solemn document containing a set of legal norms which may be changed only when special prescriptions are observed. […]
The powers, privileges and immunities of Parliament and its members as provided in Article 105 are that they shall be such as may be defined by Parliament by law, and, until so, defined, shall be those of the House of Commons of the Parliament of the United Kingdom. 78. In Special Reference No. 1 of 1964 (1965) 1 SCR 413 […]
The constituent power is sovereign. Law making power is subject to the Constitution, Parliament may create forum to hear election disputes. Parliament may itself hear election disputes for example.
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