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1 - 10 of 12 (0.26 seconds)Article 21 in Constitution of India [Constitution]
Article 282 in Constitution of India [Constitution]
The Right to Information Act, 2005
Bira Kishore Mohanty vs State Of Orissa on 8 January, 1974
In Bira Kishore
Mohanty v. State of Orissa, reported in AIR 1975 Orissa 8, it was
noticed that:
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
"47. We
have gone deep into the subject of Judicial activism and public
interest litigation because it is often found that courts do not
realize their own limits. Apart from the doctrine of separation of
powers, courts must realize that there are many problems before the
country which courts cannot solve, however much they may like to. It
is true that the expanded scope of Articles 14 and 21 which has been
created by this Court in various judicial decisions e.g. Smt. Maneka
Gandhi vs. Union of India and Anr., AIR 1978 SC 597, have given
powerful tools in the hands of the Judiciary. However, these tools
must be used with great circumspection and in exceptional cases and
not as a routine manner. In particular, Article 21 of the
Constitution must not be misused by the Courts to justify every kind
of directive, or to grant every kind of claim of the petitioner.
Article 148 in Constitution of India [Constitution]
Article 149 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Olga Tellis & Ors vs Bombay Municipal Corporation & Ors. Etc on 10 July, 1985
For
instance, this Court has held that the right to life under Article 21
does not mean mere animal existence, but includes the right to live
with dignity vide Olga Tellis vs. Bombay Corporation, AIR 1986 SC
180; D.T.C. vs. D.T.C. Mazdoor Congress Union, AIR 1991 SC 101 (paras
223, 234, 259); Francis Coralie Mullin vs. Union Territory Delhi
Administrator, AIR 1981 SC 746. However, these decisions must be
understood in a balanced way and not in an unrealistic sense. For
example, there is a great deal of poverty in this country and poverty
is destructive of most of the rights including the right to a
dignified life. Can then the Court issue a general directive that
poverty be abolished from the country because it violates Article 21
of the Constitution? Similarly, can the Court issue a directive that
unemployment be abolished by giving everybody a suitable job? Can the
Court stop price rise which now-a-days has become an alarming
phenomenon in our country? Can the Court issue a directive that
corruption be abolished from the country? Article 21 is not a
'brahmastra' for the judiciary to justify every kind of directive.