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...Khandsari v. State of U.P (1981) 2 SCC 600, AIR 1981 SC 87311. In examining the reasonableness of a statu...Directive Principles of State Policy.13. On a conspectus of various decisions of this Court, the following principles are clearly discernible...:(1) While considering the reasonableness of the restrictions, the court has to keep in mind the Directive Principles of State Policy.(...
.... It is pointed out that although this article finds a place in Part IV of the Constitution which lays down certain directive principles of State policy and though the provisions contained in that...the above noted contentions completely. The directive principles of the State policy, which by Article 37 are expressly made unenforceable by a court, cannot override the provisions found in Part III...be abridged by any Legislative or Executive Act or order, except to the extent provided in the appropriate article in Part III. The directive principles of State policy have to conform to and run as...
...-second Amendment proclaiming India as a socialist republic. The Central Government like all organs of the State is committed to the Directive Principles of State Policy and Article 39 en...exploiting class and a welfare State committed to a socialist pattern of society cannot be permitted to advance such an argument. It must be remembered that in this country where there is so much unemployment...come from the mouths of the State and State Undertakings. We allow both the writ petitions and direct the respondents, as in the Nehru Yuvak Kendras case...
..., conditions of work ensuring a decent standard of life and full enjoyment of leisure etc. These are among the “Directive Principles of State Policy”. The mandate of Art...the Directive Principles of State Policy shall not be enforceable by any Court, the principles are ‘nevertheless fundamental in the governance of the country’, and ‘it shall be the duty ...adopt principles of interpretation which will further and not hinder the goals set out in the Directive Principles of State Policy. This command of the Constitution must be ever ...
...) and 302. What is reasonable depends on a variety of circumstances, but what is important is that the Directive Principles of State Policy in Part IV of the Constitution are fundamental ...governance of the country. Therefore, what is directed as State Policy by the founding fathers of the Constitution cannot be regarded as unreasonable or contrary to public interest even in the context of..., is as to whether Section 10 of the Bonus Act is ultra vires of Article 19(1)(g) and Article 301 of the Constitution.We are satisfied that the restriction imposed by the Bonus Act in...
...perform — they have not been regularised in their service and are not being paid equal pay for equal work as has been mandated by this Court by way of implementation of the Directive Principles of ...State Policy. ‘Equal pay for equal work for both men and women’ means equal pay for equal work for everyone and as between the sexes. Directive Principles, as has been pointed out in some of the.... The Central Government like all organs of the State is committed to the Directive Principles of State Policy and Article 39 enshrines the principle of equal pay for equal work....
...pass the said order nor could the Hon'ble Supreme Court pass the said order on the general ground that the said order protected forest and environment which fell within the Directive Principles of State ...place in Part IV of the Constitution of India which only allowed the competent legislature to enact laws for enforcing the said Directive Principles and which did not by themselves...the injunction issued by this Court on 12-12-1996 and 4-3-1997 in T.N Godavarman Thirumulkpad v. Union of India has been put in issue in...
...&S) 772 , (1996) 33 ATC 713 wherein this Court after interpretation of Articles 14, 15, 16 and 39-A of the directive principles of State policy held that the object ...Constitution as well as Articles 14, 15, 16 and 39-A of the directive principles of State policy is to achieve the concept of giving equal opportunity to all sections of the soci...)“11. … ‘17. … “21. The Constitution through its Preamble, fundamental rights and directive principles created a secular State based on the principle of equality and non-discri...
...37 clearly provides that these directive principles of State policy laid down in part IV of the Constitution are not enforceable by any court but they are fundamental in the governance ...country and it shall be the duty of the State to apply these principles in making laws. Undoubtedly in passing these two orders the State had before it the directive principles of ...cannot be said that these orders are directly contrary to the directive principles of State policy. The argument that, these orders laying down pecuniary qualifications is contrary to the provisions ...
...law. The welfare measures partake the character of sovereign functions and the traditional duty to maintain law and order is no longer the concept of the State. Directive Principles of ...on the State diverse duties under Part IV of the Constitution and the performance of the duties are constitutional functions. One of the duties of the State is to provide telecommunication...service to the general public and an amenity, and so is an essential part of the sovereign functions of the State as a welfare State. It is not, therefore, an industry.7. The...
...same organisation. The principle was originally enunciated as a part of the Directive Principles of State Policy in Article 39(d) of the Constitution. In the case of...is a matter of policy to be decided upon by the State Government.13. In the premises, the appeals are allowed and judgments and orders of the High Court are set aside...Sujata V. Manohar, J.— Delay condoned.2. Leave granted.3. These appeals have been filed by the State of...
...Court has to bear in mind the Directive Principles of State Policy. It will be seen that Article 38 contains a clear directive to the State to promote the welfare of the people b...Constitution a place of honour. Hegde and Mukherjee, JJ. as they then were have said that the fundamental rights and the Directive Principles constitute the “conscience” of our Constitution. The purpose of...delivered by all the Judges in the Kesavananda Bharati case on the importance of the Directive Principles observed as follows:“In view of the principles adumbrated by...
...directive principles of State Policy, which is reproduced below for ready reference and convenience:—“Art.38(1). The State shall strive to promote the welfare of the people...principles of State Policy oblige the State to make available circumstances and atmosphere for the citizens to physically, mentally, socially and economically grow to their fullest potential and in...are contented by the treatment they received from the State. Services, are an integral part of the system and are instrumental in making the administrative machinery of the State move. The directive...
...Government may specify. According to the petitioner, such a rule is unconstitutional. He draws our attention to Article 47 of the Constitution of India which indicates directive principles.....4. We are unable to entertain this writ petition under Article 32 of the Constitution. The petition of the petitioner is that the policy of prohibition is not being implemented as enjoin...contains Directive Principles of State Policy. Article 37 enjoins that the provisions of this Part shall not be enforceable by any court, but the principles therein laid down are neverthe...
...Constitution on Fundamental Rights and Directive Principles of State Policy. The desire to attain these objectives has necessarily resulted in intense legislative activity touching every aspect of...principle a generous degree of latitude must be permissible in the case of welfare legislation, particularly those statutes which are designed to further the Directive Principles of State ...O. Chinnappa Reddy, J.— The perennial, nagging problem of delegated legislation and the so-called Henry VIII clause have again come up for decision in this appeal by the State...
...agree with him that the Urban Land (Ceiling and Regulation) Act, 33 of 1976, does not further the directive principles of State Policy in clauses (b) and (c) of Article 39 of the...objective of the legislation as set out in the long title and in the statutory scheme is implementation of Part IV of the Constitution. The directive principles of State Policy b...distribution of land in urban agglomerations to subserve the common good, presumably in furtherance of the directive principles of State Policy contained in Article 39(c) and (b) respecti...
...directive principles of State policy, Article 40 of the Constitution of India, which directs the State to organise Village Panchayats as units of self-government. Articl...function as units of self-government.”2. Part IV of the Constitution deals with “directive principles of State policy”. Article 37 provides that th...Amendment was brought into force on 24-4-1993 to give effect to one of the directive principles of State policy, namely, Article 40 of the Constitution. Therefore, it cannot be said that ...
...category of employees, and there is no reason to think that Government employees whose task is merely to implement Parliamentary Legislation made pursuant to Directive Principles of State Policy a...a social welfare legislation undertaken to further the Directive Principles of State Policy and action taken pursuant to it cannot be struck down on mere technicalities...., Federation of Indian Mining Industries, 7, N.D.S.E Part I, New Delhi-3 and (v) Mr S.G.A Naidu, President of Mysore State Mine Owners' Association, Bangalore, were appointed as representatives of the...
...Chapter on Directive Principles of State Policy, but it is fundamental in nature. The purpose of the article is to fix certain social and economic goals for avoiding any discrimination amongst the.... Article 39(d) contained in Part IV of the Constitution ordains the State to direct its policy towards securing equal pay for equal work for both men and women. Though Article 39 is included in the...on 2-6-1988 in Jaipal v. State of Haryana (1988) 3 SCC 354, (1988) 7 ATC 771.2. The petitioners were working...
...keeping in mind the crucial role of Universal Elementary Education for strengthening the social fabric of democracy through provision of equal opportunities to all. The directive principles of ...Indian Constitution, fundamental rights in Part III and the directive principles of State policy in Part IV are often called and described as “conscience of the Constitution” and they reflect our ...considerable headway in the realisation of socio-economic rights and made them justiciable despite the fact that many of those rights still remain as directive principles of State policy....