Chunk-level Retrieval Eval
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Contextualized chunk-level (query2chunk) retrieval eval for the Citras benchmark. • 46 items • Updated
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FCIX3BYOtD::0 | Central Inland Water Transport Corporation Limited and Another v Brojo Nath Ganguly and Another
Supreme Court of India
6 April 1986
C.A. No. 4412 and 4413 of 1985
The Judgment was delivered by : D. P. Madon, J.
1. These Appeals by Special Leave granted by this Court raise two questions of considerable importance to Go... | FCIX3BYOtD | 0 | 0 | 454 | |
FCIX3BYOtD::1 | 617 of the Companies Act, 1956, is "the State" within the meaning of Art. 12 of the Constitution?
2) Whether an unconscionable term in a contract of employment is void u/s. 23 of the Indian Contract Act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment entered into ... | FCIX3BYOtD | 1 | 455 | 938 | |
FCIX3BYOtD::2 | Although the record of these Appeals is voluminous, the salient facts lie within a narrow compass. The First Appellant in both these Appeals, namely, the Central Inland Water Transport Corporation Limited (hereinafter referred to in short as "the Corporation"), was incorporated on February 22, 1967. The majority of the... | FCIX3BYOtD | 2 | 939 | 1,491 | |
FCIX3BYOtD::3 | 617 of the Companies Act, 1959 (Act No.I of 1956), provides as follows :
"617. Definition of 'Government Company'.- For the purposes of this Act Government company means any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, or by any State Government or Go... | FCIX3BYOtD | 3 | 1,492 | 1,992 | |
FCIX3BYOtD::4 | As all the shares of the Corporation are held by different Governments, namely, the Government of India and the Governments of West Bengal and Assam, the Corporation is not only a Government company as defined by the said s. 617 but is a company wholly owned by the Central Government and two State Governments.
Cl. III(... | FCIX3BYOtD | 4 | 1,993 | 2,520 | |
FCIX3BYOtD::5 | It is unnecessary to reproduce all these objects for according to the Petitions filed by the Corporation for obtaining Special Leave in these Appeals, it is currently engaged in carrying out the following activities, namely,
(i) maintaining and running river service with ancillary function of maintenance and operation ... | FCIX3BYOtD | 5 | 2,521 | 3,200 | |
FCIX3BYOtD::6 | (1) of s. 3 of the Companies Act and that no invitation is to be issued to the public to subscribe for any shares in, or debentures or debenture stock of, the Corporation. Art. 51 of the Articles of Association confers upon the President of India the power to issue from time to time such directions or instructions as h... | FCIX3BYOtD | 6 | 3,201 | 3,649 | |
FCIX3BYOtD::7 | The said Article also confers upon the President the power to issue such directions or instructions to the Corporation as to the exercise and performance of its functions in matters involving national security or public interest. Under the said Article, the Directors of the Corporation are bound to comply with and give... | FCIX3BYOtD | 7 | 3,650 | 4,229 | |
FCIX3BYOtD::8 | Under Article 40, subject to the provisions of the Companies Act and the directions and instructions issued from time to time by the President under Article 51, the business of the Corporation is to be managed by the Board of Directors. U/art. 14(a), subject to the provisions of s. 252 of the Companies Act, the Preside... | FCIX3BYOtD | 8 | 4,230 | 4,713 | |
FCIX3BYOtD::9 | 14(b), at every annual general meeting of the Corporation, every Director appointed by the President is to retire but is eligible for re-appointment. U/art. 15(a), the President has the power at any time and from time to time to appoint any person as an Additional Director.
Under Article 16, the President has the power... | FCIX3BYOtD | 9 | 4,714 | 5,335 | |
FCIX3BYOtD::10 | 18 provides that the Directors are not required to hold any share qualification. Under Article 37, the President may from time to time appoint one of the Directors to the office of the Chairman of the Board of Directors or to the office of the Managing Director or to both these offices for such time and at such remuner... | FCIX3BYOtD | 10 | 5,336 | 5,855 | |
FCIX3BYOtD::11 | Under Article 41, the Chairman of the Board has the power, on his own motion, and is bound, when requested by the Managing Director in writing, to reserve for the consideration of the President the matters relating to the working of the Corporation set out in the said Article. Art. 42 lists the matters in respect of wh... | FCIX3BYOtD | 11 | 5,856 | 6,425 | |
FCIX3BYOtD::12 | The said Article also confers power upon the Comptroller and Auditor-General of India to direct the manner in which the accounts of the corporation are to be audited and to give the auditors instructions in regard to any matter relating to the performance of their function. | FCIX3BYOtD | 12 | 6,426 | 6,700 | |
FCIX3BYOtD::13 | Under the said Article, he has also the power to conduct a supplementary or test audit of the accounts of the Corporation by such person or persons as he may authorize in that behalf and for the purposes of such audit to require such information or additional information to be furnished to such person or persons on suc... | FCIX3BYOtD | 13 | 6,701 | 7,237 | |
FCIX3BYOtD::14 | It was raised to rupees ten crores by a special resolution passed at the Annual General Meeting of the Corporation held on December 30, 1972, and further raised to rupees twenty crores by a special resolution passed at the Annual General Meeting held on November 5, 1979.
6. | FCIX3BYOtD | 14 | 7,238 | 7,512 | |
FCIX3BYOtD::15 | The above facts and the provisions aforementioned of the Memorandum of Association and the Articles of Association clearly show that not only is the Corporation a Government company of which all the shares were and are owned by the Central Government and two State Governments but is a Government company which is under ... | FCIX3BYOtD | 15 | 7,513 | 8,176 | |
FCIX3BYOtD::16 | The Calcutta High Court by its order dated May 5, 1967, approved the said Scheme of Arrangement and order the closure of the said Company and further directed that upon payment to all the creditors of the said Company, the said Company would stand dissolved without winding up by an order to be obtained from the High Co... | FCIX3BYOtD | 16 | 8,177 | 8,738 | |
FCIX3BYOtD::17 | The said Scheme of Arrangement as approved by the High Court also provided as follows :
"a) That the new Company shall take as many of the existing staff or labour as possible and as can be reasonably taken over by the said transferee Company subject to any valid objection to any individual employee or employees.
b) Th... | FCIX3BYOtD | 17 | 8,739 | 9,166 | |
FCIX3BYOtD::18 | c) That those employees who cannot be taken over shall be paid by the transferor Company all moneys due to them under the law and all legitimate and legal compensations payable to them either under Industrial Disputes Act or otherwise legally admissible and that such moneys shall be provided by the Government of India ... | FCIX3BYOtD | 18 | 9,167 | 9,591 | |
FCIX3BYOtD::19 | 4412 of 1985, Brojo Nath Ganguly, was, at the date when the said Scheme of Arrangement became effective, working in the said Company and his services were taken over by the Corporation and he was appointed on September 8, 1967, as a Deputy Chief Accounts Officer. The First Respondent in Civil Appeal No. | FCIX3BYOtD | 19 | 9,592 | 9,896 | |
FCIX3BYOtD::20 | 4413 of 1985, Tarun Kanti Sengupta, was also working in the said Company and his services were also taken over by the Corporation and he was appointed on September 8, 1967, as Chief Engineer on the ship "River Ganga". | FCIX3BYOtD | 20 | 9,897 | 10,114 | |
FCIX3BYOtD::21 | It is unnecessary to refer at this stage to the terms and conditions of the letters of appointment issued to these two Respondents as they have been subsequently superseded by service rules framed by the Corporation except to state that under the said letters of appointment the age of superannuation was fifty-five year... | FCIX3BYOtD | 21 | 10,115 | 10,768 | |
FCIX3BYOtD::22 | We are concerned in these Appeals with the "Central Inland Water Transport Corporation Ltd. Service Discipline and Appeal Rules" of 1979 framed by the Corporation. These rules will hereinafter be referred to in short as "the said Rules". The said Rules apply to all employees in the service of the Corporation in all uni... | FCIX3BYOtD | 22 | 10,769 | 11,369 | |
FCIX3BYOtD::23 | Rule 9 of the said Rules deals with termination of employment for acts other than misdemeanour. The relevant provisions of the said Rule 9 relating to permanent employees are as follows :
"9. TERMINATION OF EMPLOYMENT FOR ACTS OTHER THAN MISDEMEANOUR. -
(i) The employment of a permanent employee shall be subject to ter... | FCIX3BYOtD | 23 | 11,370 | 11,974 | |
FCIX3BYOtD::24 | (ii) The services of a permanent employee can be terminated on the grounds of "Services no longer 1 required in the interest of the Company" without assigning any reason. A permanent employee whose services are terminated under this clause shall be paid 15 days' basic pay and dearness allowance for each completed year ... | FCIX3BYOtD | 24 | 11,975 | 12,419 | |
FCIX3BYOtD::25 | Under Rule 10, an employee is to retire on completion of the age of fifty-eight years though in exceptional cases and in the interest of the Corporation, an extension may be granted with the prior approval of the Chairman-cum-Managing Director and the Board of Directors. Rule 11 provides as follows :
"11. RESIGNATION. ... | FCIX3BYOtD | 25 | 12,420 | 12,885 | |
FCIX3BYOtD::26 | Rule 33 provides for suspension of an employee where a disciplinary proceeding against him is contemplated or is pending or where a case against him in respect of any criminal offence is under investigation or trial. Rule 34 provides for payment of subsistence allowance during the period of suspension. Rule 36 sets out... | FCIX3BYOtD | 26 | 12,886 | 13,375 | |
FCIX3BYOtD::27 | ACTS OF MISCONDUCT.-
Without prejudice to the general meaning of the term 'misconduct' the Company shall have the right to terminate the services of any employee at any time without any notice if the employee is found guilty of any insubordination, intemperance or other misconduct or of any breach of any rules pertaini... | FCIX3BYOtD | 27 | 13,376 | 14,002 | |
FCIX3BYOtD::28 | Rule 40 prescribes the procedure to be followed for imposing minor penalties. Rule 43 provides for a special procedure to be followed in certain cases. This special procedure consists of dispensing with a disciplinary inquiry altogether. The said Rule 43 provides as follows :
"43. SPECIAL PROCEDURE IN CERTAIN CASES. | FCIX3BYOtD | 28 | 14,003 | 14,320 | |
FCIX3BYOtD::29 |
Notwithstanding anything contained in Rule 38, 39 or 40, the disciplinary authority may impose any of the penalties specified in Rule 36 in any of the following circumstances :
i) The employee has been convicted on a criminal charge, or on the strength of facts or conclusions arrived at by a judicial trial; or
ii) whe... | FCIX3BYOtD | 29 | 14,322 | 14,926 | |
FCIX3BYOtD::30 | it is not expedient to hold any inquiry in the manner provided in these rules." | FCIX3BYOtD | 30 | 14,926 | 15,006 | |
FCIX3BYOtD::31 | Rule 45 provides for an appeal against an order imposing penalty to the appropriate authority specified in the Schedule to the said Rules and Rule 45-A provides for a review.
10. We are concerned in these Appeals with the validity of cl. (i) of Rule 9 only. So far as Ganguly, the First Respondent in Civil Appeal No. 44... | FCIX3BYOtD | 31 | 15,007 | 15,495 | |
FCIX3BYOtD::32 | On February 16, 1983, a confidential letter was sent to him by the General Manager (Finance), who is the Third Appellant in Civil Appeal No. 4412 of 1985, to reply within twenty- four hours to the allegation of negligence in the maintenance of Provident Fund Accounts. Ganguli made a representation as also gave a detail... | FCIX3BYOtD | 32 | 15,496 | 15,987 | |
FCIX3BYOtD::33 | (i) of Rule 9 of the said Rules was given to Ganguli terminating his service with the Corporation with immediate effect. Along with the said letter a cheque for three months' basic pay and dearness allowance was enclosed.
11. So far as Sengupta, the First Respondent in Civil Appeal No. 4413 of 1985, is concerned, he wa... | FCIX3BYOtD | 33 | 15,988 | 16,400 | |
FCIX3BYOtD::34 | His name was enrolled by the Bureau of Public Enterprises and he was called for an interview for the post of Chairman-cum-Director of the Corporation by the Public Enterprises Selection Board. According to Sengupta, he could not appear before the Selection Board as he received the letter calling him for the interview a... | FCIX3BYOtD | 34 | 16,401 | 16,758 | |
FCIX3BYOtD::35 | According to Sengupta, the new Chairman-cum-Managing Director who was selected at the said interview bore a grudge against him for having competed against him for the said post and on February 1, 1983, he issued a charge-sheet against Sengupta intimating to him that a disciplinary inquiry was proposed to be held agains... | FCIX3BYOtD | 35 | 16,759 | 17,168 | |
FCIX3BYOtD::36 | By his letter dated February 10, 1983, addressed to the Chairman-cum-Managing Director, Sengupta denied the charges made against him and asked for inspection of documents and copies of statements of witnesses mentioned in the said charge-sheet. By a letter dated February 26, 1983, signed by the Chairman-cum-Managing Di... | FCIX3BYOtD | 36 | 17,169 | 17,634 | |
FCIX3BYOtD::37 | Along with the said letter a cheque for three months' basic pay and dearness allowance in lieu of notice was enclosed. G
12. Both Ganguly and Sengupta filed writ petitions in Calcutta High Court u/art. 226 of the Constitution challenging the termination of their service as also the validity of the said Rule 9(i). In bo... | FCIX3BYOtD | 37 | 17,635 | 18,141 | |
FCIX3BYOtD::38 | The Appellants before us went in Letters Patent Appeal before a Division Bench of the said High Court against the said ad interim orders, the appeal in the case of Ganguly being F.M.A.T. No. 1604 of 1983 and in the case of Sengupta being F.M.A.T. No. 649 of 1983. On January 28, 1985, the Division Bench ordered in both ... | FCIX3BYOtD | 38 | 18,142 | 18,577 | |
FCIX3BYOtD::39 | The said appeals and writ petitions were thereupon heard together and by a common judgment delivered on August 9, 1985, the Division Bench held that the Corporation was a State within the meaning of Art. 12 of the Constitution and that the said Rule 9(i) was ultra vires Art. 14 of the Constitution. Consequently the Div... | FCIX3BYOtD | 39 | 18,578 | 19,031 | |
FCIX3BYOtD::40 | It is against the said judgment and orders of the Calcutta High Court that the present Appeals by Special Leave have been filed.
13. The contentions raised on behalf of the Corporation at the hearing of these Appeals may be thus summarized :
(1) A Government company stands on a wholly different footing from a statutory... | FCIX3BYOtD | 40 | 19,032 | 19,688 | |
FCIX3BYOtD::41 | (2) A statutory corporation is usually established in order to create a monopoly in the State in respect of a particular activity. A Government company is, however, not established for this purpose.
(3) The Corporation does not have the monopoly of inland water transport but is only a trading company as is shown by the... | FCIX3BYOtD | 41 | 19,689 | 20,312 | |
FCIX3BYOtD::42 | 14 of the Constitution on the ground that it is arbitrary or unreasonable or unconscionable or one-sided or unfair.
At the hearing of these Appeals the Union of India, which is the Second Respondent in these Appeals, joined in the contentions raised by the Corporation.
The arguments advanced on behalf of the contesting... | FCIX3BYOtD | 42 | 20,313 | 20,822 | |
FCIX3BYOtD::43 | (2) A State is entitled to carry on any activity, even a trading activity, through any of its instrumentalities or agencies, whether such instrumentality or agency be one of the Departments of the Government, a statutory corporation, a statutory authority or a Government company incorporated under the Companies Act.
(3... | FCIX3BYOtD | 43 | 20,823 | 21,436 | |
FCIX3BYOtD::44 | 12 is bound to act fairly J and reasonably and if it does not do so, its action can be struck down under Art. 14 as being arbitrary.
(5) A contract of employment stands on a different footing from other contracts. A term in a contract of employment entered into by a private employer H which is unfair, unreasonable and ... | FCIX3BYOtD | 44 | 21,437 | 21,921 | |
FCIX3BYOtD::45 | During the course of the hearing of these Appeals the Central Inland Water Transport Corporation Officers' Association made an application for permission to intervene in these Appeals and permission to intervene was granted to it by this Court. The said Association supported the stand taken by the contesting Respondent... | FCIX3BYOtD | 45 | 21,922 | 22,418 | |
FCIX3BYOtD::46 | In the sense of being a polity, it is defined in the Shorter Oxford English Dictionary, Third Edition, Volume II, page 2005, as "a body of people occupying a defined territory and organized under a sovereign government". The same dictionary defines the expression "the State" as "the body politic as organized for suprem... | FCIX3BYOtD | 46 | 22,419 | 22,912 | |
FCIX3BYOtD::47 | According to Black's Law Dictionary, Fifth Edition, page 1262, "In its largest sense, a 'state' is a body politic or a society of men". According to Black, the term "State" may refer "either to the body politic of a nation (e.g. United States) or to an individual governmental unit of such nation (e.g. California)". In ... | FCIX3BYOtD | 47 | 22,913 | 23,399 | |
FCIX3BYOtD::48 | A State must have a relatively permanent legal organization, determining its structure and the relative powers of its major governing bodies or organs. This legal organizational permanence of a State is to be found in its Constitution. With rare exceptions, such as the United Kingdom, most States now have a written Con... | FCIX3BYOtD | 48 | 23,400 | 24,075 | |
FCIX3BYOtD::49 | In such a case the units or sub-divisions having separate governments are variously called 'states' as in India, U.S.A. and Australia, 'provinces' as in Canada, 'cantons' as in Switzerland, or designated by other names. B
16. Our Constitution is federal in structure. Cl. (1) of Art. 1 of the Constitution provides that ... | FCIX3BYOtD | 49 | 24,076 | 24,605 | |
FCIX3BYOtD::50 | 1 thus refers to the federating units, India itself being a State consisting of these units. The term "States" is defined variously in some of the other Articles of the Constitution as the context of the particular Part of the Constitution in which it is used requires. Part VI of the Constitution is headed " me States"... | FCIX3BYOtD | 50 | 24,606 | 25,156 | |
FCIX3BYOtD::51 | -
In this Part, unless the context otherwise requires, the expression 'State' does not include the State of Jammu and Kashmir."
17. The State of Jammu and Kashmir is excluded because that State, though one of the States which constitute the Union of India, had, in pursuance of the provisions of Art. 370 of the Constitu... | FCIX3BYOtD | 51 | 25,157 | 25,561 | |
FCIX3BYOtD::52 | 48), set up a Constituent Assembly for the internal Constitution of the State and it had framed the Constitution of Jammu and Kashmir which was adopted and enacted by that Constituent Assembly on November 17, 1965. Art. 152 also, therefore, uses the expression "State" as meaning the federating units which constitute th... | FCIX3BYOtD | 52 | 25,562 | 26,039 | |
FCIX3BYOtD::53 | This definition read with the other provisions of Part XIV shows that the word "State" applies to the federating units (other than the State of Jammu and Kashmir for the reason mentioned above) which together constitute the Union of India because in the other Articles of Part XIV wherever the Union of India is referred... | FCIX3BYOtD | 53 | 26,040 | 26,570 | |
FCIX3BYOtD::54 | 367(1), unless the context otherwise requires, the General Clauses Act, 1897 (Act No. X of 1897), subject to any adaptations and modifications that may be made therein by the President of India u/art. 372 to bring that Act into accord with the provisions of the Constitution, applies for the interpretation of the Consti... | FCIX3BYOtD | 54 | 26,571 | 26,913 | |
FCIX3BYOtD::55 | 3 of the General Clauses Act defines the term "State" as follows :
"(58) 'State' -
(a) as respects any period before the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean a Part A State, a Part State or a Part State. and
(b) as respects any period after such commencement, shall mean a State spe... | FCIX3BYOtD | 55 | 26,914 | 27,443 | |
FCIX3BYOtD::56 | We are concerned in these Appeals with Art. 12. Art. 12 forms part of Part III of the Constitution which deals with Fundamental Rights and provides as follows :
"12. definition. - In this Part, unless the context otherwise requires, 'the State' includes the Government and Parliament of India and the Government and the ... | FCIX3BYOtD | 56 | 27,444 | 27,912 | |
FCIX3BYOtD::57 | The same definition applies to the expression "the State" when used in Part IV of the Constitution which provides for the Directive Principles of State Policy, for the opening Article of Part IV, namely, Article 36, provides :
"36. Definition. -
In this Part, unless the context otherwise requires, 'the State' has the s... | FCIX3BYOtD | 57 | 27,913 | 28,323 | |
FCIX3BYOtD::58 | 3 of the General Clauses Act as follows :
"(31) 'Local authority' shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund."
19. Thus, the expression "the State" when u... | FCIX3BYOtD | 58 | 28,324 | 28,801 | |
FCIX3BYOtD::59 | 12 the expression "the State" includes -
(1) the Government of India,
(2) Parliament of India
(3) the Government of each of the States which constitute the Union of India,
(4) the Legislature of each of the States which constitute the Union of India,
(5) all local authorities within the territory of India,
(6) all loca... | FCIX3BYOtD | 59 | 28,802 | 29,346 | |
FCIX3BYOtD::60 | 12 which require to be particularly noticed. These aspects are
(i) the definition given in Art. 12 is not an explanatory and restrictive definition but an extensive definition,
(ii) it is the definition of the expression "the State" and not of the term "State" or "States", and
(iii) it is inserted in the Constitution f... | FCIX3BYOtD | 60 | 29,347 | 29,715 | |
FCIX3BYOtD::61 | As pointed out in Craies on Statute Law, Seventh Edition, page 213, where an interpretation clause defines a word to mean a particular thing, the definition is explanatory and facie restrictive; and whenever an interpretation clause defines a term to include something, the definition is extensive. | FCIX3BYOtD | 61 | 29,716 | 30,014 | |
FCIX3BYOtD::62 | While an explanatory and restrictive definition confines the meaning of the word defined to what is stated in the interpretation clause, so that wherever the word defined is used in the particular statute in which that interpretation clause occurs, it will bear only that meaning unless where, as is usually provided, th... | FCIX3BYOtD | 62 | 30,015 | 30,612 | |
FCIX3BYOtD::63 | It thus extends the meaning of the expression "the State" so as to include within it also what otherwise may not have been comprehended by that expression when used in its ordinary legal sense.
Art. 12 defines the expression "the State" while the other Articles of the Constitution referred to above, such as Art. 152 an... | FCIX3BYOtD | 63 | 30,613 | 31,097 | |
FCIX3BYOtD::64 | 36 would have normally shown that this expression was used to denote the State in its ordinary and Constitutional sense of an independent or sovereign State and the inclusive clause in Art. 12 would have extended this meaning to include within its scope whatever has been expressly set out in Art. 12. The definition of ... | FCIX3BYOtD | 64 | 31,098 | 31,633 | |
FCIX3BYOtD::65 | 36 is not confined to its ordinary and Constitutional sense as extended by the inclusive portion of Art. 12 but is used in the concept of the State in relation to the Fundamental Rights guaranteed by Part III of the Constitution and the Directive Principles of State Policy contained in Part IV of the Constitution which... | FCIX3BYOtD | 65 | 31,634 | 32,199 | |
FCIX3BYOtD::66 | Men's concept of the State as a polity or a political unit or entity and what the functions of the State are or should be have changed over the years and particularly in the course of this century. A man cannot obstinately cling to the same ideas and concepts all his life. As Emerson said in his essay on "Self-Reliance... | FCIX3BYOtD | 66 | 32,200 | 32,693 | |
FCIX3BYOtD::67 | m is inherent trait in the nature of man is reflected in the society in which he lives for a society is a conglomerate of men who live in it. Just as man by nature is H dissatisfied, so is society. Just as man seeks something new, ever hoping that a change will bring about something better, so does society. Old values,... | FCIX3BYOtD | 67 | 32,694 | 33,220 | |
FCIX3BYOtD::68 | The ideas that seem revolutionary become outmoded with the passage of time and the heresies of today become the dogmas of tomorrow. What proves to be adequate and suited to the needs of a society at a given time and in particular circumstances turns out to be wholly unsuited and inadequate in different times and under ... | FCIX3BYOtD | 68 | 33,221 | 33,759 | |
FCIX3BYOtD::69 | In the year 1625, Carew, C.J., while delivering The opinion of the House of Lords in Re the Earldom of Oxford, [1625] W.Jo. 96, 101. s.c. [1626] 82 E.R. | FCIX3BYOtD | 69 | 33,760 | 33,912 | |
FCIX3BYOtD::70 | 50, 53, in a dispute relating to the descent of that Earldom, said :
"And yet time hath his revolution, there must be a period and an end of all temporal things, finis rerum, an end of names and dignities, and whatsoever is terrene "
The cycle of change and experiment, rise and fall, growth and decay, and of progress a... | FCIX3BYOtD | 70 | 33,913 | 34,326 | |
FCIX3BYOtD::71 | Eliot in the First Chorus from "The Rock" said :
"O Perpetual revolution of configured stars, O Perpetual recurrence of determined seasons, O world of spring and autumn, birth and dying! The endless cycle of idea and action, Endless invention, endless experiment".
23. The law exists to serve the needs of the society wh... | FCIX3BYOtD | 71 | 34,327 | 34,907 | |
FCIX3BYOtD::72 | As the society changes, the law cannot remain immutable. The early nineteenth century essayist and wit, Sydney Smith, said, 'Then I hear any man talk of an unalterable law, I am convinced that he is an unalterable fool." The law must, therefore, in a changing society march in tune with the changed ideas and ideologies.... | FCIX3BYOtD | 72 | 34,908 | 35,517 | |
FCIX3BYOtD::73 | A constitutional document is even less suited to this task, for the philosophy and the ideologies underlying it must of necessity be expressed in broad and general terms and the process of amending a Constitution is too cumbersome and time-consuming to meet the immediate needs. This task must, therefore, of necessity f... | FCIX3BYOtD | 73 | 35,518 | 36,107 | |
FCIX3BYOtD::74 | As these authorities are decisions of this Court, we must perforce go through the whole gamut of them though we may preface an examination of these authorities with the observation that they only serve to show how the concepts of this Court have changed both with respect to Art. 12 and Art. 14 to keep pace with changin... | FCIX3BYOtD | 74 | 36,108 | 36,462 | |
FCIX3BYOtD::75 | Before embarking upon this task we would, however, like to quote the following passage (which has become a classic) from the opening paragraph of Justice Oliver Wendell Holmes's "The Common Law" which contains the lectures delivered by him while teaching law at Harvard and which book was published in 1881 just one year... | FCIX3BYOtD | 75 | 36,463 | 37,044 | |
FCIX3BYOtD::76 | The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies th... | FCIX3BYOtD | 76 | 37,045 | 37,616 | |
FCIX3BYOtD::77 | We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient... | FCIX3BYOtD | 77 | 37,617 | 38,238 | |
FCIX3BYOtD::78 | The bombs which had rained down upon the cities of Europe, Africa and Asia and the Islands in the Pacific had changed, and changed dramatically, not only the political but also the sociological, ideological and economic map of the world. | FCIX3BYOtD | 78 | 38,239 | 38,476 | |
FCIX3BYOtD::79 | world reeling from the horrors of the Second World War and seeking to recover from the trauma caused by its atrocities sought to band all nations into one Family of Man and for this purpose set up the United Nations Organization in order to save succeeding generations from the scourge of war which had twice in this ce... | FCIX3BYOtD | 79 | 38,478 | 39,130 | |
FCIX3BYOtD::80 | the battle-banners would be furled in the Parliament of Man and the Federation of the World. | FCIX3BYOtD | 80 | 39,130 | 39,223 | |
FCIX3BYOtD::81 | But much had gone before. There was the signing of the Inter-Allied Declaration of June 12, 1941, at St. | FCIX3BYOtD | 81 | 39,224 | 39,328 | |
FCIX3BYOtD::82 | 's Palace in London by the representatives of the United Kingdom, the Commonwealth, General de Gaulle and the governments in exile of the European countries conquered by Nazi Germany; there was the Atlantic Charter of August 14, 1941; there was the Declaration of the United Nations signed on New Year's Day of 1942 at W... | FCIX3BYOtD | 82 | 39,334 | 39,883 | |
FCIX3BYOtD::83 | held in Washington, D.C., in August and September 1944; there was the Yalta Conference in February 1945; all these culminating in the adoption on June 25, 1945, of the Charter of the United Nations in the Opera House of San Francisco and the affixing of signatures thereon the next day in the auditorium of the Veterans... | FCIX3BYOtD | 83 | 39,883 | 40,219 | |
FCIX3BYOtD::84 | Thereafter, in pursuance of Art. 68 of the Charter of the United States, the Economic and Social Council set up the Human Rights Commission in 1946. This Commission began its work in January 1947 under the chairmanship of Mrs. Eleanore Roosevelt, the widow of President Franklin D. Roosevelt. The Universal Declaration o... | FCIX3BYOtD | 84 | 40,220 | 40,695 | |
FCIX3BYOtD::85 | Of the fifty-eight nations represented at that Session, none voted against it, two were absent, and eight abstained from voting.
26. It was thus in an atmosphere surcharged with human suffering and yet a firm resolve not to succumb to it that the Constituent Assembly which was set up to frame the Constitution of India ... | FCIX3BYOtD | 85 | 40,696 | 41,160 | |
FCIX3BYOtD::86 | After Partition and fresh elections in the new Provinces of West Bengal and East Punjab, it re-assembled on October 31, 1947, and thereafter on November 26, 1949 adopted and enacted the Constitution of India.
Before commencing its work, the Constituent Assembly adopted a Resolution laying down its objectives :
" 1. Thi... | FCIX3BYOtD | 86 | 41,161 | 41,655 | |
FCIX3BYOtD::87 | Wherein all power and authority of the Sovereign Independent India, its constituent parts and organs of government, are derived from the people: and
5. Wherein shall be guaranteed and secured to all the people of India justice, social, economic and political : equality of status, of opportunity, and before the law; fre... | FCIX3BYOtD | 87 | 41,656 | 42,244 | |
FCIX3BYOtD::88 | Whereby shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea, and air according to justice and the law of civilised nations: and
8. This ancient land attains its rightful and honoured place in the world and makes its full and willing contribution to the promotion of w... | FCIX3BYOtD | 88 | 42,245 | 42,608 | |
FCIX3BYOtD::89 | In its strict legal sense the written Constitution of a country is a document which defines the regular form or system of its government, containing the rules that directly or indirectly affect the distribution or exercise of the sovereign power of the State and it is thus mainly concerned with the creation of the thre... | FCIX3BYOtD | 89 | 42,609 | 43,287 | |
FCIX3BYOtD::90 | They were aware that there were other Constitutions which had given expression to certain ideals as the goal towards which the country should strive and which had defined the principles considered fundamental to the governance of the country. They were aware of the events that had culminated in the Charter of the Unite... | FCIX3BYOtD | 90 | 43,288 | 43,913 | |
FCIX3BYOtD::91 | They were aware that these rights were born of the philosophical speculations of the Greek and Roman Stoics and nurtured by the jurists of ancient Rome. | FCIX3BYOtD | 91 | 43,914 | 44,066 | |
FCIX3BYOtD::92 | were aware that these rights had found expression in a limited form in the accords entered into between the rulers and their powerful nobles, as for instance, the accord of 1188 entered into between King Alfonso IX and the Cortes of Leon, the Magna Carta of 1215 wrested from King John of England by his barons on the M... | FCIX3BYOtD | 92 | 44,071 | 44,641 | |
FCIX3BYOtD::93 | 1822. | FCIX3BYOtD | 93 | 44,641 | 44,647 | |
FCIX3BYOtD::94 | They were aware of the international treaties of the midseventeenth century for safeguarding the right of religious freedom and the rights of aliens.
They were aware of the full blossoming of the concept of Human Rights in the writings of the "philosophes" such as Voltaire, Rousseau, Diderot, Rayal, d'Alembert and othe... | FCIX3BYOtD | 94 | 44,648 | 45,150 | |
FCIX3BYOtD::95 | They were aware that in 1789, during the early years of the French Revolution, the French National Assembly had in "The Declaration of the Rights of Man and of the Citizen" proclaimed these rights in lofty words and that Revolutionary France had translated them into practice with bloody deeds. They were aware of the tr... | FCIX3BYOtD | 95 | 45,151 | 45,865 | |
FCIX3BYOtD::96 | They knew that the Constitution of Eire contained a chapter headed "Fundamental Rights" and another headed "Directive Principles of State Policy". They were aware that the Constitution of Japan also contained a chapter headed "Rights and Duties of the People". They were aware that the major traditional functions of the... | FCIX3BYOtD | 96 | 45,866 | 46,397 | |
FCIX3BYOtD::97 | They were also aware that increasingly, and particularly in modern times, several States have assumed numerous and wide ranging functions, especially in the fields of education, health, social security, control and maintenance of natural resources and natural assets, transport and communication services and operation o... | FCIX3BYOtD | 97 | 46,398 | 47,141 | |
FCIX3BYOtD::98 | 30. The framers of our Constitution were men of vision and ideals, and many of them had suffered in the cause of freedom. They wanted an idealistic and philosphic base upon which to raise the administrative superstructure of the Constitution. They, therefore, headed our Constitution with a preamble which declared India... | FCIX3BYOtD | 98 | 47,142 | 47,520 | |
FCIX3BYOtD::99 | The Preamble to the Constitution, as amended by the A Constitution (Forty-second Amendment) Act, 1976, proudly proclaims:
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens :
JUSTICE, social, economic and politi... | FCIX3BYOtD | 99 | 47,521 | 48,051 |
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