Supreme Court Directions in Public Interest

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1. Supreme Court's decision on Transgender Issue

2. Supreme Court on Ragging Issue

3. Constitutional validity of Sec. 377 of IPC

4. Delayed disposal of mercy petition

5. Directions about prohibiting the use of black films in all vehicles

6. Guidelines to be adopted in all cases where non bailable warrants are issued

7. Supreme Court direction about N.I.Act cases

8. Whether a "live-in-relationship" would amount to a 'relationship in the nature of marriage' under the Domestic Violence Act

9. Supreme Court directions and suggestions in M.V. Act cases

10. Supreme court directions about missing children

11. Supreme Court Judgement in Delhi gang-rape case

12. Courts are not justified in protecting the possession of a caretaker, servant or any person who was allowed to live as  a friend, relative, caretaker or servant

13. Supreme court's direction in Ramrameshwari Devi's case as to how prevailing delay in civil litigation can be curbed

14. Direction by SC for conclusion of trial in relation to sitting M.L.As and M.Ps.

15. S.C direction for formulation of regulation  to prevent sexual harassment in court premises at the district level

16. S.C directions in the light  of sec.231 read along with sec. 309 Cr.P.C for the Trial Court to ensure speedy trial of cases

17. Protection from registering criminal case against a judicial officer in respect of anything allegedly done in the discharge of his duty

18. Directions issued by S.C with the aim of reforming the police set upon the country, for compliance till framing of appropriate legislation

19. Guidelines to be followed in case the children of women prisoner living in prison.

20. Six guidelines given by S.C to prevent custody torture

21. Direction by SC upon National Commission to frame comprehensive rules in order to ensure smooth, consistent, uniform and unvarying functions  of National, State and District  Forums

22. Directions given by S.C. regarding children working in the Indian Circuses

23. Factors to be borne in mind while considering a claim for employment on compassionate ground

24. Guidelines laid down by the Supreme Court regarding the issue of Euthanasia

25. Whether a woman central govt. employee can ask for uninterrupted 730 days of child care leave

26. Direction upon all the State Governments to instruct all concerned police officers about the need to comply with the requirement of section 158(6) of M.V Act.

27. No greater damage can be done to the admn. of Justice and to the confidence of the people in the judiciary than when the judges of the Higher Courts publicly  express lack of faith in the Subordinate judges .

28. S.C requests every High Court to remind the Trial Judges through a circular of the need to comply with sec. 309 of Cr.P.C in letter and spirit

29. Direction to conceive and adopt a mechanism, regard being had to the priority of cases to avoid inordinate delays in matters which can really be dealt with in an expeditious manner

30. Direction upon all trial courts in India to ordinarily add Sec. 302 to the charge of sec. 304B, so that death sentence can be imposed in such heinous and barbaric crimes against women

31. Directions   made by S.C  in N.S.P.S Act cases

32. S.C directions  in order to preserve the purity and sanctity of the P I L

33. Mohan Lal's case on NDPS Act

34. Thana Singh's case on NDPS Act

35. New Guidelines for offences punishable with imprisonment upto 7 years

36. Courts are not justified in protecting the possession of a caretaker, servant or any person who was allowed to live as  a friend, relative, caretaker or servant

37. Directions given by Apex Court for proper implementation of Food Safety and Standards Act, 2006

38. It is unfortunate that the employees, officers, representatives of people and other high dignitaries continue to stay in the residential accommodation provided by the Government of India though they are no longer entitled to such accommodation. Many of such persons continue to occupy residential accommodation commensurate with the office(s) held by them earlier and which are beyond their present entitlement. The unauthorized occupants must recollect that rights and duties are correlative as the rights of one person entail the duties of another person similarly the duty of one person entails the rights of another person. Observing this, the unauthorized occupants must appreciate that their act of overstaying in the premise infringes the right of another. No law or directions can entirely control this act of disobedience but for the self realization among the unauthorized occupants

39. Only because an institution is managed by a person belonging to a particular religion the same would not ipso facto make the institution run and administered by a minority community

40. The cause of action arises when the real dispute arises i.e when one party asserts and the other party denies any right

41. Section 27(3) of the Arms Act is ultra vires the constitution and therefore void.

42. Whether an examinee's right to information under the R.I Act-2005 includes a right to inspect his evaluated answer books in a public examination or taking certified copies thereof


43. Banks should resort to procedure recognized by law to take possession of vehicles in cases where the borrower may have committed default in payment of the installments instead of taking resort to strong arm tactics


44. Position of Governor under the Constitution


45. The action of any Bar Association in passing a resolution that none of its member will appear for a particular accused  is against all norms of the Constitution the Statute and professional ethics

46. The public interest demands that the trial should be conducted in a fair manner and the administration of justice would be fair and independent
Lawyers have no right to go on strike or give a call for boycott, not even on a token strike


47. We are bound to observe that the lawmakers should scrutinize, relook and revisit the sentencing policy in Sec. 304A  I.P.C, we say so with immense anguish


48. A public interest litigation pertaining to speeches delivered during election campaign,we are afraid, cannot be put on the pedestal of a real PIL


49. Apex court's suggestion to the legislature to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same, by introducing a code of compulsory costs


50. It is not open to any person to employ abusive and pejorative language to the authors of a judgement...those criticize a judgement must remember that from the nature of the Judges office, he cannot reply to their criticism

51. Requirements to be followed in all cases of arrest


52. Legislature to formulate a mechanism that anyone who initiates and continues a litigation senseless, pays for the same and to consider the introduction of a code of compulsory costs.


53. Whether Minister or Chief Minister is a public servant under section 21 of I.P.C.


54. About using red lights on the vehicle


55. Supreme court direction to the Home Department of every State Government to formulate a procedure for taking action against all erring investing  prosecuting official officer


56. Non-disclosure of the pending cases   where cognizance has been taken or charges has been framed, it would amount to undue influence and therefore , the election is to be declared null and void by the Election Tribunal


57. The legitimate and permissible object of an advertisement can always be achieved without publication of the photograph of any  particular functionary either in the State of a political party


58. When the police arrests a person in execution of a warrant of arrest obtained from a magistrate, the person so arrested shall not be handcuffed unless special order in that respect are obtained from the magistrate


59. Directions given by S.C in order to render assistance to the victims of rape


60. Allocation of spectrum in 2G band case


61. The classification of the subscribers into two categories on the basis of calls made by them is arbitrary


62. In today's society, where women are increasingly choosing to raise their children alone, we see no purpose in imposing an unwilling and unconcerned father on an otherwise viable family nucleus


63. A citizen of this country may have a right to establish educational institution but no citizen, person or institution has a right much less of fundamental right to affiliation or recognition


64. In our opinion, the lawyers should advise their clients to try for mediation for resolving the disputes, especially where relationships, like family relationships, business relationships, are involved

65. No appointment of public prosecutors or District Counsel should, thus, be made either pursuing a political purpose or for giving some undue advantage to a section of the people


66. Whether the imprisonment for life means till the end of convict's life with or without any scope for remission


67. Therefore, a minimum of Rs. 3 Lakhs is  to be awarded by the Government to each victim of acid attack


68. The constitutional legitimacy, naturally, must supersede all religious beliefs or practices


69. Whether all the information sought for under the R.I Act,2005 can be denied by the RBI and other Banks to the public on the ground of economic interest, commercial interest and or public interest


70. Public trusts for charitable and religious purpose are run for the benefit of the public. No individual should take benefit from them


71. The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen


72. Apex court guidelines on Government Advertisement


73. Either the candidates should not have participated in the interview and challenged the procedure or they should have challenged immediately after the interviews were conducted. One cannot approbate and reprobate at the same time

74. Directions issued by  Apex Court so that prisoners, like all human beings, deserve to be treated with dignity


75. Whether the respondents are  entitled to know the names of the examiners who have evaluated the answer sheet


76. One needs to keep in mind that in the process of litigation, there is an innocent sufferer on the other side of every irresponsible senseless claim


77. When a member of a State Legislature participates in the proceedings of the house, is that member exercising a fundamental right of speech and expression under Article 19(1)(a)


78. Whether casual workers are covered  under definition of employee as defined in sec. 2(9) of the Employees State Insurance Act, 1948


79. Candidature of those candidates who belonged to the O.B.C categories could not be rejected simply on the ground that he submitted OBC certificate after the last date mentioned in the advertisement


80. Standard operating procedure framed for the examination of Good Samaritans i.e bystanders by the police or during trial


81. Executive policies are usually enacted after much deliberation by the Government. Therefore, it would not be appropriate for this Court to question the wisdom of the same, unless it is demonstrated by the aggrieved persons that the said policy has been enacted in an arbitrary, unreasonable or malafide manner, or that it offends the provisions of the Constitution of India


82. It is settled law that a person can change his religion and  faith but not the caste, to which he belongs, as caste has linkage to birth


83. Medical education must be taken very seriously and when an expert body certifies that the facilities in a medical college are inadequate, the Courts are not equipped to take a different view in the matter except for very cogent jurisdictional reasons such as malafides of the Inspection Team, ex facie perversity in the inspection report, jurisdictional error on the part of the MCI etc. Under no circumstance should the High Court examine the report as an appellate body – this is simply not the function of the High Court


84. It is the common experience of several persons with disabilities that they are unable to lead a full life due to societal barriers and discrimination faced by them in employment, access to public spaces, transportation etc. Persons with disability are most neglected lot not only in the society but also in the family. More often they are an object of pity. There are hardly any meaningful attempts to assimilate them in the mainstream of the nation's life. The apathy towards their problems is so pervasive that even the number of disabled persons existing in the country is not well documented

85. We will also make it clear that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other


86. In our considered opinion, three things that need to be established by a person who claims to be a beneficiary of the caste certificate are (i) there must be absolutely clear cut proof that he belongs to the caste that has been recognised by the Constitution (Scheduled Castes) Order, 1950; (ii) there has been reconversion to the original religion to which the parents and earlier generations had belonged; and (iii) there has to be evidence establishing the acceptance by the community. Each aspect according to us is very significant, and if one is not substantiated, the recognition would not be possible


87. Requirements to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for thorough, effective and independent investigation.


88. In fact, whatever may be the status of Fatwa during Mogul or British Rule, it has no place in independent India under our Constitutional scheme. It has no legal sanction and cannot be enforced by any legal process either by the Dar-ul-Qaza issuing that or the person concerned or for that matter anybody. The person or the body concerned may ignore it and it will not be necessary for anybody to challenge it before any court of law. It can simply be ignored. In case any person or body tries to impose it, their act would be illegal.


89. Legal profession being the most important component of justice delivery system, it must continue to perform its significant role and regulatory mechanism and should not be seen to be wanting in taking prompt action against any malpractice. We have noticed the inaction of the Bar Council of Uttar Pradesh as well as the Bar Council of India inspite of direction in the impugned order of the High Court and inspite of notice to the Bar Council of India by this Court. We have also noticed the failure of all concerned to advert to the observations made by the Gujarat High Court 33 years ago. Thus there appears to be urgent need to review the provisions of the Advocates Act dealing with regulatory mechanism for the legal profession and other incidental issues, in consultation with all concerned


90. The right to refuse the lowest or any other tender is always available to the government. In the case in hand, the respondent has neither pleaded nor established mala fide exercise of power by the appellant. While so, the decision of tender committee ought not to have been interfered with by the High Court. In our considered view, the High Court erred in sitting in appeal over the decision of the appellant to cancel the tender and float a fresh tender. Equally, the High Court was not right in going into the financial implication of a fresh tender


91. The threat of disciplinary proceedings must not demotivate the honest and independent officer. Yet on the other hand, there is a vital element of accountability to society involved in dealing with cases of misconduct. There is on the one hand a genuine public interest in protecting fearless and honest officers of the district judiciary from motivated criticism and attack. Equally there is a genuine public interest in holding a person who is guilty of wrong doing responsible for his or his actions. Neither aspect of public interest can be ignored. Both are vital to the preservation of the integrity of the administration of justice


92. It is now well settled by the decision of this Court in Kihoto Hollohan v. Zachillhu that the Speaker while acting under the Tenth Schedule of the Constitution acts as a Tribunal and his decision can be challenged only in a court exercising constitutional jurisdiction. It was held in Kashinath Jalmi v. Speaker that even the Speaker does not have the power to review the decision taken by him under the Tenth Schedule of the Constitution. Under these circumstances, there is absolutely no question of the Deputy Speaker setting aside the order of the Speaker passed under the Tenth Schedule of the Constitution


93. Every good that is perceived to be in the interest of society cannot be mandated by the court. Nor is the judicial process an answer to every social ill which a public interest petitioner perceives. A matter such as the present to which a solution does not rest in a legal or constitutional framework is incapable of being dealt with in terms of judicially manageable standards

94. In deciding whether acquisition is for PUBLIC PURPOSE or not, prima facie, the Government is the best judge.


95. Apex Court's direction about seizure, storage and disposal of Narcotic Drugs and Psychotropic substances


96. Deprivation of property within the meaning of Article 300A, generally speaking, must take place for public purpose or public interest


97. We therefore, deem it appropriate to impose exemplary costs quantified at Rs.25,00,000.00 (Rupees Twenty Five Lakhs only) to be paid by each of the three parties i.e. GGL, MGG and RUIAS. The said amount is to be paid to National Legal Services Authority as compensation for the loss of judicial time of this country and the same may be utilized by the National Legal Services Authority to fund poor litigants to pursue their claims before this Court in deserving cases

98. A public prosecutor is not a mouth-piece of the investigating agency


99. Clause (5) of Article 15  and Art. 21A of the Constitution do not alter the basic structure or frame work of the Constitution and are constitutionally valid


100. Jayalalitha's case regarding allegation of her alleged didporportionate of asset, in which  her conviction awarded by trial court has been set aside by  The Karnataka High Court


101. Guidelines enabling adoption of children by persons irrespective of religion, caste, creed etc


102. Md. Ajmal Md. Amir Kasab @ Abu Mujahid Vs. State of Maharashtra


103.Legal principles as to the maintainability of a writ petition


104. Where certain number of posts are reserved in favour socially and economically backward classes, meritorious candidates belonging to those classes should  be appointed to posts falling in the open category

105. The National Human Rights Commission had published ‘Guidelines for the Administration of Polygraph Test (Lie Detector Test) on an Accused’ in 2000. These guidelines should be strictly adhered to and similar safeguards should be adopted for conducting the ‘Narcoanalysis technique’ and the ‘Brain Electrical Activation Profile’ test

106. Supreme Court guidelines to be followed in the matters of investigating police encounters in the cases of death as the standard procedure foe thorough, effective and independent investigation

107. This court also cited with approval the judgment of the Allahabad High Court in the case of  Prayag Das  v.  Civil Judge, Bulandshahr wherein the High Court held that the High Court has power to regulate the appearance of Advocates in courts. The High Court further held that the right to practice in the right to appear in courts are not synonymous. Under Section 34 of the Act, the High Court has power to make rules for regulating proceedings inside the court

108. Entire procedding pertaining to land acquisition at SINGUR are quashed  by this SC judgement

109. A cursory reading of these paragraphs will show that it is only pursuant to judicial orders that the State wakes up from its slumber. It is important to note that a notice of award under Section 12(2) to persons interested can only be issued after money is received by the Land Acquisition Collector, and that the said Collector shall not take possession of land unless and until compensation amount is received by him. Further, actual payment to land owners must be made latest within a period of 60 days. It is high time that the State realizes that persons whose property is expropriated need to be paid immediately so as to rehabilitate themselves. Also, it cannot be forgotten that the amount usually offered by way of an award of a Land Acquisition Collector under the 1894 Act is way below the real market value, which is only awarded and paid years later when the reference proceedings culminate in judgments of the High Courts and of this Court.

110. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a welfare state. The Government discharges this obligation by running hospitals and health centres which provide medical care to the person seeking to avail those facilities. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The Government hospitals run by the State and the medical officers employed therein are duty bound to extend medical assistance for preserving human life. Failure on the part of a Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21

111. Once the land is sought to be acquired in favour of the respondent-society and notifications issued under Sections 4(1) and 6(1) of the L.A. Act regarding the same, the respondent-Society acquires the right to challenge the quashing of the acquisition proceedings by a court of law

112. Similar issue had arisen before this Court in the case of Violet Issaac (Smt.) v. Union of India (1991) 1 SCC 725 and after considering the relevant provisions, this Court came to the conclusion that family pension does not form part of the estate of the deceased and therefore, even an employee has no right to dispose of the same in his Will by giving a direction that someone other than the one who is entitled to it, should be given the same.

113. The executive power is generally described as the residue which does not fall within the legislative or judicial power. But executive power may also partake of legislative or judicial actions. All powers and functions of the President except his legislative powers as for example in Article 123, viz., ordinance making power and all powers and functions of the Governor except his legislative power as for example in Article 213 being ordinance making powers are executive powers of the Union vested in the President under Article 53(1) in one case arid are executive powers of the State vested in the Governor under Article 154(1) in the other case. Clause (2) or Clause (3) of Article 77 is not limited in its operation to the executive action of the Government of India under Clause (1) of Article 77. Similarly, Clause (2) or Clause (3) of Article 166 is not limited in its operation to the executive action of the Government of the State under Clause (1) of Article 166. The expression "Business of the Government of India" in Clause (3) of Article 77, and the expression "Business of the Government of the State" in Clause (3) of Article 166 includes all executive business.

114. It is evident from a plain reading of Rule 10 (3) that the names of electors shall be arranged according to house numbers. It is clear that persons who are living in illegally constructed houses which are not assigned any number will not be entitled for inclusion in the electoral roll to be prepared in accordance with Rule 10 (3). Rule 10 (3) is not in conflict with Section 28 of the Act. On the other hand, Rule 10 (3) is strictly in conformity with Section 28 making only persons living in houses with numbers eligible to vote

115. When our Constitution envisages equal respect and concern for each individual in the society and the attainment of the goal requires special attention to be paid to some, that ought to be done. Giving of desired concessions to the reserved category persons, thus, ensures equality as a levelling process. At jurisprudential level, whether reservation policies are defended on compensatory principles, utilitarian principles or on the principle of distributive justice, fact remains that the very ethos of such policies is to bring out equality, by taking affirmative action. Indian Constitution has made adequate enabling provisions empowering the State to provide such concessions

116. It is stated at the cost of repetition that construction workers are not covered by the Factories Act and, therefore, welfare measures specifically provided for such workers under the BOCW Act and Welfare Cess Act cannot be denied

117. Every citizen has a fundamental right to speech, guaranteed under Article 19 of the Constitution of India. Contempt of Court is one of the restrictions on such right. We are conscious that the power under the Act has to be exercised sparingly and not in a routine manner. If there is a calculated effort to undermine the judiciary, the Courts will exercise their jurisdiction to punish the offender for committing contempt

118. In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity. Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage. Any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation

119. Supreme court directions for proper implementation of scheme of shelters for urban homeless.

120. Directions issued by Apex court for proper implementation of objects laid down in PC & PNDT Act.

121. A bare perusal of Article 143 of the Constitution would show that the President is authorized to refer to this Court a question of law or fact, which in his/her opinion is of such a nature and of such a public importance that it is expedient to obtain the opinion of the Supreme Court upon it. The Article does not restrict the President to obtain opinion only on a pure question of law. The submission made by the learned counsel appearing for the State of Punjab that several questions of fact are involved in the Reference is thus hardly relevant, for the reason that an opinion can be sought on question of law and even on question of fact.

122. Is the Entry Tax levied by the States in the present batch of cases violative of Article 301 of the Constitution and in particular have the impugned State enactments relating to entry tax to be tested with reference to both Articles 304(a) and 304(b) of the Constitution for determining their validity?

123. It is well-settled that courts cannot interfere with the policy decisions of the State especially when the policy decision is taken in public interest to further the advancement of reserved categories. A policy decision taken by the State in exercise of its jurisdiction under Article 162 of the Constitution of India is subservient only to the mandate of the constitutional provisions and the recruitment rules framed by the State itself, either in terms of a legislative act or an executive order. The relaxation provided by the State Government and criteria of selection laid down vide impugned government orders are in exercise of the powers provided under the proviso to Article 309 of the Constitution of India and being a policy decision in terms of its extant reservation policy cannot be impeached on the ground that the relaxation has been given to suit some specific class of individuals .

124. Pension and gratuity are no longer any bounty to be distributed by the Government to its employees on the retirement but are valuable rights in their hands, and any culpable delay in disbursement thereof must be visited with the penalty of payment of interest.

125. It is true that it is for this Court to decide whether to render its opinion to the President and it is also true that such a view has been taken by this Court and in a given case this Court can refuse to give its opinion.

126. Imposition of restriction by way of tax legislation under Article 304(b) is part of constitutional scheme and Presidential sanction has been provided to keep a check on the legislative power of the State impeding freedom of trade, commerce and intercourse. All legislative powers under the Constitution are subject to judicial review and the mere fact that a legislation  passed under Article 304(b) is also subject to judicial review, in no manner, militants against the Constitutional scheme.

127. Apex court's direction to improve the condition of destitutes in urban area who are without shelter.

128. Direction made by Apex court to Central Government in view of grave air quality situation.

129. The National Consumer Disputes Redressal Commission is requested to formulate regulations under Section 30A with the previous approval of the Central Government within a period of three months from today in order to effectuate the power of administrative control vested in the National Commission over the State Commissions under Section 24(B)(1)(iii) and in respect of the administrative control of the State Commissions over the District fora in terms of Section 24(B)(2) as explained in this Judgment to effectively implement the objects and purposes of the Consumer Protection Act, 1986

130. Safeguards which must be introduced  for proper implementation of MPLAD scheme

131. In order to deny gratuity to an employee, it is not enough that the alleged misconduct of the employee constitutes an offence involving moral turpitude as per the report of the domestic inquiry. There must be termination on account of the alleged misconduct, which constitutes an offence involving moral turpitude

132. The sine qua non for entitlement of compensation is proof of loss or injury suffered by the consumer due to the negligence of the opposite party. Once the said conditions are satisfied, the Consumer Forum would have to decide the quantum of compensation to which the consumer is entitled. There cannot be any dispute that the computation of compensation has to be fair, reasonable and commensurate to the loss or injury. There is a duty cast on the Consumer Forum to take into account all relevant factors for arriving at the compensation to be paid.

133. It is clear that when waiver is spoken of in the realm of contract, Section 63 of the Indian Contract Act governs. But it is important to note that waiver is an intentional relinquishment of a known right, and that, therefore, unless there is a clear intention to relinquish a right that is fully known to a party, a party cannot be said to waive it. But the matter does not end here. It is also clear that if any element of public interest is involved and a waiver takes place by one of the parties to an agreement, such waiver will not be given effect to if it is contrary to such public interest.

134. From the legislative scheme of 1995 Act, it is amply clear that the State Coordination Committee is primarily responsible for ensuring compliance of the mandate regarding the infrastructure and other facilities to be provided in the Homes established under the 1995 Act and also for overseeing that the same are properly maintained from time to time and comply with the policies and programmes designed for achieving equality and full participation of persons with disabilities. The provisions of the 1995 Act provide for checks and balances for which hierarchy of Authorities have been created to ensure that persons with disabilities are provided with opportunity of full participation and equality in the region. That being the obligation of the State, must be implemented through these Authorities.

135. The importance of adopting a holistic solution to deal with issues pertaining to alcohol, tobacco and drug abuse in the school curriculum has to be adequately emphasized. We are of the view that since the entire issue is pending consideration before the government, it would be appropriate to await the ultimate formulation. However, we may indicate that rather than resting on an “implied inclusion” of such an important subject within an extant head or topic, it would be appropriate if the competent authorities consider how children should be protected from the dangers of substance abuse. These are matters which should not be brushed under the carpet. The authorities should consider how children should be sensitised (having due regard to the age and stage of the child) of the dangers of drug use, the necessity to report drug use and the need to develop resistance to prevailing peer and social pressures.

136. The monitoring of instances of racial discrimination involving citizens from the north-eastern states involves among other things issues pertaining to law enforcement. However, the involvement of the law enforcement machinery is alone not sufficient to resolve the problem. Mind-sets have to be changed including in the universities, colleges and educational institutions, places of work and in society. Sensitivity and inclusion have to be fostered. In order to achieve this, greater awareness of the history and the rich cultural traditions of the north-east is required to be inculcated. The problems faced by persons from the north-east traverse a whole range of issues, from the mundane issues of daily life to matters of education, employment, social security and the fundamental right to live in dignity. The Governments, both at the centre and the states have a non-negotiable obligation to take positive steps to give effect to India's commitment to racial equality. This commitment is embodied in constitutional rights, fundamental duties, statutory provisions and in the international obligations which have been assumed by India.

137. The constitutional goal of equality for all the citizens of this country can be achieved only when the rights of the Scheduled Castes and Scheduled Tribes are protected. The abundant material on record proves that the authorities concerned are guilty of not enforcing the provisions of the Act. The travails of the members of the Scheduled Castes and the Scheduled Tribes continue unabated. We are satisfied that the Central Government and State Governments should be directed to strictly enforce the provisions of the Act and we do so. The National Commissions are also directed to discharge their duties to protect the Scheduled Castes and Scheduled Tribes. The National Legal Services Authority is requested to formulate appropriate schemes to spread awareness and provide free legal aid to members of the Scheduled Castes and Scheduled Tribes.

138. Thus, it is clear that anything that comes in the way of SARFAESI by way of a Jammu & Kashmir law must necessarily give way to the said law by virtue of Article 246 of the Constitution of India as extended to the State of Jammu & Kashmir, read with Section 5 of the Constitution of Jammu & Kashmir. This being the case, it is clear that Sections 13(1) and (4) cannot be held to be beyond the legislative competence of Parliament as has wrongly been held by the High Court.

139. The issue came up again in the case of M.P. State Agro Industries Development Corporation Ltd. & Anr. v. S.C. Pandey wherein this Court held that only because a temporary employee has completed 240 days of work, he would not be entitled to be regularized in service. The Court also reiterated that the Standing Orders categorize the nature of employment and do not classify individual employees in different post according to the hierarchy created in the Department and thus proviso to Rule 2 does not apply to promotions or regularization in higher grade.

140. Though Article 246 has often been understood to be laying down the principle of Parliamentary supremacy, it must be qualified that such supremacy, if any, is extremely limited and very subtle. This has to be said when the federal structure of the Indian Union has been recognised as a basic feature of the Constitution. Both, the Central and the State legislatures, are competent to enact laws in any matters in their respective Lists i.e. List I and List II. Conflict or encroachments must be ironed out by the Courts and only on a failure to do so the provisions of Article 246 will apply. Insofar as the common List i.e. List III is concerned, any repugnancy in law making by the Union and State Legislatures is dealt with by Article 254 which gives primacy to the Parliamentary law over the State law subject to the provisions of clause (2) of Article 254 of the Constitution which again is subject to a proviso which may indicate some amount of Parliamentary supremacy.

141. In so far as debates or discussion in the Houses of Parliament are concerned, the only substantive restriction found in the Constitution is in Article 121 of the Constitution which specifically mandates that no discussion shall take place in Parliament in respect of the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. Barring such provision under Article 121, the Constitution has placed no restriction on what can be debated or discussed in Parliament. It is completely left to the wisdom or discretion of the individual Houses and the presiding authorities in terms of the Rules of Procedure of each House.

142. It is true that a writ court is very slow in interfering with the findings of facts recorded by a Departmental Authority on the basis of evidence available on record. But it is equally true that in a case where the Disciplinary Authority records a finding that is unsupported by any evidence whatsoever or a finding which no reasonable person could have arrived at, the writ court would be justified if not duty bound to examine the matter and grant relief in appropriate cases. The writ court will certainly interfere with disciplinary enquiry or the resultant orders passed by the competent authority on that basis if the enquiry itself was vitiated on account of violation of principles of natural justice, as is alleged to be the position in the present case. Non-application of mind by the Enquiry Officer or the Disciplinary Authority, non-recording of reasons in support of the conclusion arrived at by them are also grounds on which the writ courts are justified in interferingwith the orders of punishment.

143. Applying these parameters no case has been made out to take a view at variance with the settled legal position that the expression “his” in Section 123(3) of  Representation of People Act, 1951 must mean the religion, race, community or language of the candidate in whose favour an appeal to cast a vote is made or that of another candidate against whom there is an appeal to refrain from voting on the ground of the religion, race, caste, community or language of that candidate.

144. The satisfaction of the President under Article 123 and of the Governor under Article 213 is not immune from judicial review particularly after the amendment brought about by the forty-fourth amendment to the Constitution by the deletion of clause 4 in both the articles. The test is whether the satisfaction is based on some relevant material. The court in the exercise of its power of judicial review will not determine the sufficiency or adequacy of the material. The court will scrutinise whether the satisfaction in a particular case constitutes a fraud on power or was actuated by an oblique motive. Judicial review in other words would enquire into whether there was no satisfaction at all.

145. Supreme Court's direction to take follow-up action to determine the required judge strength of the district judiciary based on the NCMSC interim report.

146. Both the parties are at ad-idem that if the detention order is based on more than one grounds, independent of each other, then the detention order will still survive even if one of the grounds found is non-existing or legally unsustainable (See Vashisht Narain Karwaria ). On the other hand, if the detention order is founded on one composite ground, though containing various species or sub-heads, the detention order would be vitiated if such ground is found fault with (See A. Sowkath Ali ).

147. All the decisions cited at the Bar are to the effect that a delegated legislation cannot traverse beyond the contours of the authority endowed by the parent statute and unless authorized by it, is not empowered to make any law or provision with retrospective effect, impairing the already vested rights of those likely to be adversely affected thereby.

148. It is a settled law that the highest bidder has no vested right to have the auction concluded in his favour. The Government or its authority could validly retain power to accept or reject the highest bid in the interest of public revenue. We are of the considered opinion that there was no right acquired and no vested right accrued in favour of the plaintiff merely because his bid amount was highest and had deposited 10% of the bid amount.

149. We, thus, hold that while under the constitutional scheme, a “minority institution” is free to select and appoint a principal, without being bound by the principle of seniority alone, whether the appointment has been made fairly and reasonably and whether there is violation of right of an individual eligible candidate by the minority institution by not adopting fair procedure, is liable to be tested in exercise of power of judicial review under Article 226 of the Constitution.

150, The horizontal reservation and relaxation for Physically Handicapped Category candidates for Civil Services Examination, is a matter of Governmental policy and the Government after considering the relevant materials have extended relaxation and concessions to the Physically Handicapped candidates belonging to the Reserved Category as well as General Category. It is not in the domain of the courts to embark upon an inquiry as to whether a particular public policy is wise and acceptable or whether better policy could be evolved. The Court can only interfere if the policy framed is absolutely capricious and non-informed by reasons, or totally arbitrary, offending the basic requirement of the Article 14 of the Constitution.

151. This Court has consistently recognised the right of the accused for a speedy trial. Delay in criminal trial has been held to be in violation of the right guaranteed to an accused under Article 21 of the Constitution of India. (See: Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731; Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC 616 ) Accused, even in cases under TADA, have been released on bail on the ground that they have been in jail for a long period of time and there was no likelihood of the completion of the trial at the earliest. (See: Paramjit Singh v. State (NCT of Delhi), (1999) 9 SCC 252 and Babba v. State of Maharashtra, (2005) 11 SCC 569 ).

152. In the Union Carbide case (supra), while dealing with the scope of Article 142 of the Constitution, this Court felt, that the jurisdiction of this Court under the above provision, extended inter alia to deal “... with any extraordinary situation in the larger interest of administration of justice and from preventing manifest injustice being done ...”. The two important parameters for consideration are, “larger interest of administration of justice”, and “preventing manifest injustice”.

153. Part-time or casual employment is meant to serve the exigencies of administration. It is a settled principle of law that continuance in service for long period on part-time or temporary basis confers no right to seek regularisation in service. The person who is engaged on temporary or casual basis is well aware of the nature of his employment and he consciously accepted the same at the time of seeking employment. Generally, while directing that temporary or part-time appointments be regularised or made permanent, the courts are swayed by the long period of service rendered by the employees. However, this may not be always a correct approach to adopt especially when the scheme of regularisation is missing from the rule book and regularisation casts huge financial implications on public exchequer.

154. On a plain and simple reading of all the above provisions of the Act it is clear that a Trust is not a person and therefore not a consumer. Consequently, it cannot be a complainant and cannot file a consumer dispute under the provisions of the Act.

155. A quasi-judicial function lying somewhere in between is an administrative function which the law requires to be exercised in some respects as if it were judicial. A quasi-judicial decision is, therefore, a decision which is subject to a certain measure of judicial procedure.

156. A human being is a magnificent creation of the Creator and that magnificence should be exposed in a humane, magnanimous and all-inclusive manner so that all tend to feel that they have their deserved space. Total exclusion for admission to medical courses without any stipulation in which they really can practise and render assistance would tantamount to regressive thinking. When we conceive of global phenomenon and universal brotherhood, efforts are to be made to be within the said parameters. The march of science, apart from our constitutional warrant and values, commands inclusion and not exclusion. That is the way a believer in human rights should think.

157. Apex court's direction regarding status of casual worker.

158. The phrase ‘public policy’ is not capable of precise definition. In P.Rathinam v. Union Of India, (1994) 3 SCC 394, it was observed:- "92. The concept of public policy is, however, illusive, varying and uncertain. It has also been described as “untrustworthy guide”, “unruly horse” etc...." Broadly it will mean what is in the larger interest of the society involving questions of righteousness, good conscience and equity upholding the law and not a retrograde interpretation. It cannot be invoked to facilitate a loanee to avoid legal obligation for repayment of a loan. The loanee has a pious duty to abide by his promise and repay. Timely repayment ensures facilitation of the loan to others who may be needy. Public policy cannot be invoked to effectively prevent a loanee from repayment unjustifiably abusing the law. Invocation of the principle of doctrine of election in the facts of the case was completely misconceived.

159. Accordingly, for detailed reasons that will follow, we direct that: (a) On and from 1st April, 2017 such vehicles that are not BS-IV compliant shall not be sold in India by any manufacturer or dealer, that is to say that such vehicles whether two wheeler, three wheeler, four wheeler or commercial vehicles will not be sold in India by any manufacturer or dealer on and from 1st April, 2017. (b) All the vehicle registering authorities under the Motor Vehicles Act, 1988 are prohibited for registering such vehicles on and from 1st April, 2017 that do not meet BS-IV emission standards, except on proof that such a vehicle has already been sold on or before 31st March, 2017. As mentioned above, detailed reasons for the above order will be given in due course.

160. Directions issued by Apex Court for stopping the grant of licences for the sale of liquor along national and state highways and over a distance of 500 metres from the outer edge of the highway or a service lane alongside.

161. What is necessary to understand from Article 105(2) is that no member of the Parliament can be made liable for any proceeding in any court because of what he has stated in a committee. The Parliamentary Standing Committee is a committee constituted under the Rules and what a member speaks over there is absolutely within the domain of that committee. Freedom of speech of a member of a Committee is only guided subject to provisions of the Constitution and the Rules and standing orders regulating the procedure of Parliament. It is also seemly to note that Article 105(4) categorically lays the postulate that clauses 1, 2 and 3 shall apply to any committee of the Parliament.

162. The legal profession is different from other professions in that what the lawyers do, affects not only an individual but the administration of justice which is the foundation of the civilised society. Both as a leading member of the intelligentsia of the society and as an intelligent citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life.


Source: Official Website of WBJA, Last Updated on 13-08-2018

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