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39596.pdf
1.4 MB
Judicial review of policy decisions.

r/w Governor of tamil nadu v state of tamil nadu on extent of judicial review point.

RE: SPECIAL REFERENCE NO.1 OF 2012


Para 54 and para 60 for article 143 scope.

Para 46 around on overruling of judgment and difference with sitting on appeal and review

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1979~scr_1979_2_476_585_e.pdf
3.7 MB
Can Supreme Court decline president to answer 143 reference? And on 143 (1) and 143(2) both?

The right of this Court to decline to answer a reference does not flow merely out of the different phraseology used viz., "may" in clause (1) B and "shall" in clause (2). Even in matters arising under clause (2), the Court may be justified in returning the reference unanswered, if it finds for a valid reason that the question is incapable of being answered. [502C-F]

IN RE THE SPECIAL COURTS BILL, 1978


No final binding view on whether the law enunciated in 143 is binding or not but for sure it has great pursuaive value.

As regards overruling see 2G case it has discussed in detail on modification.

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πŸ““ What is this New constitutional Amendment Bill and why is it tabled?

1. The elected representatives represent hopes and aspirations of the people of India. It is expected that they rise above political interests and act only in the public interest and for the welfare of people.

2. It is expected that the character and conduct of Ministers holding the office should be beyond any ray of suspicion.

3. A Minister, who is facing allegation of serious criminal offences, arrested and detained in custody, may thwart or hinder the canons of constitutional morality and principles of good governance and eventually diminish the constitutional trust reposed by people in him.

πŸ’―4. There is however, no provision under the Constitution for removal of a Minister who is arrested and detained in custody on account of serious criminal charges.

5. In view of the above, there is a need to amend articles 75, 164 and 239AA of the Constitution, for providing legal framework for removal of the Prime Minister or a Minister in the Union Council of Ministers and the Chief Minister or a Minister in the Council of Ministers of States and the National Capital Territory of Delhi in such cases.


Sanction needed for arresting a minister? πŸ‘‡ or any special privelege


criticism as villain of article 21.
mere suspicion and arrest cannot undermine democracy.

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Manoj Narula Vs. Union of India 2014

Constitutional morality and appointment of ministers.

https://www.manupatracademy.com/legalpost/manu-sc-0736-2014

IV. One implied limitation read into the Constitution is that a person not elected to Parliament can nevertheless be appointed as a Minister for a period of six months;

V. Another implied limitation read into the Constitution is that though a person can be appointed as a Minister for a period of six months, he or she cannot repeatedly be so appointed;

VI. Yet another implied limitation read into the Constitution is that a person otherwise not qualified to be elected as a Member of Parliament or disqualified from being so elected cannot be appointed as a Minister;
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Article 75 and 164, can any diswualification be read into the words "advice" under arficle 75 given by orime minister to President as to not to appint a minister who is convicted of any hemious offence.

Section 8A of representation of peoples act 1951 is relavant here (rahul gandhi case 2 years wala).

130th constitutional amendment bill

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