official. It is by that process that the
core of the problem can be reached and a satisfactory
solution found. It would be unrealistic ... Influence of Remedies on Rights' (Current Legal Problems
[1953] Volume 6), Per Frankfurter, J. in Viterall v. Seton 3
L. Ed (2nd series
merely an eye-wash
because immediately after the marriage, serious
matrimonial problems developed between them which
kept growing.
The respondent was transferred to Calcutta ... assignment of the Government of India but there he
developed some health problem and, therefore, he sought
a transfer to Calcutta and came back there
Dangerous Branch')
37. The Court is, therefore, faced with a grave problem. On the one hand,
it is well settled since Marbury vs. Madison ... statute to be constitutional or
unconstitutional.
40. The solution to this problem was provided in the classic essay of Prof
James Bradley Thayer, Professor
import, as
wide as the Legislature could have possibly made them. The
problem of what limitations could and should be reasonably
read in interpreting ... members' self-serving institution does not touch the core of
the problem. [290A-B]
Per Iyer J. (on behalf of Bhagwati, J. J. Desai
court must always remember that "legislation
is directed to practical problems, that the economic
mechanism is highly sensitive and complex, that many
problems ... Government
and did not have any appreciable effect with regard to the
problem of black money which continued unabated
4 (iv). All efforts to detect
city or own and they created health hazards and pollution
problems. There was a demand from all sections of the public
living in surrounding area ... city or own and they created health hazards and
pollution problems. There was a demand from all sections
other connected articles in Part
XIII of the Constitution ? That is the problem before us.
It is necessary, therefore, to read at this stage ... Amendment) Act, 1956 , is also not material for the
consideration of the problem before us. Article 307 is also
not material as it relates
this Court. It is emphasised that the very nature of the problem is such that it must be the subject of review from time ... ground of stare decisis, to a fresh consideration of the whole problem by this very Bench.
14. In view of the concession made by Shri
play in the joints to experiment and come up
with solutions to problems that have seemed intractable earlier. In
particular, in combating the individual points ... review to the High Courts.
This gives rise to two types of problems in
15
implementation of the resolution framework. The first
is the lack
constitutional standards by adopting a mechanistic approach. It is a difficult problem of constitutional interpretation to which it is not possible to give an objectively ... correct legal answer. It is not a mere legalistic problem which can be answered definitively by the application of logical reasoning
