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
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
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
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.
11. In view of the concession made by Shri
requirements of the society, the
increasing needs of the nation, the burning problems of the
day and the complex issues facing the people which ... requirements of the society, the increasing needs of
the nation the burning problems of the, day and the complex
issues facing the people which
large scale at a
single stroke. The piecemeal approach to a general problem
permitted by under-inclusive classifications is justified
especially when it is considered ... that legislation dealing
with such problems is usually an experimental matter. It is
impossible to tell how successful a particular approach may
be, what dislocation
with the situation. What is to be done and how is the problem to be solved in such a case ? Both Houses of Parliament being ... appreciates the needs of its own people, its laws are directed to problems made manifest by experience and its discrimination are based on adequate grounds
Chief Court of Mysore to investigate and
report on the problem of backward classes. The questions
referred to that Committee were (i) changes needed ... educational
opportunities to Scheduled Castes, Scheduled Tribes and
other Backward Classes which problem is a burning issue to-
day.
1. The reservation in favour
