Search Results Page
Search Results
1 - 10 of 10 (0.39 seconds)Article 14 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Azad Rickhaw Pullers Union (Regd.) Ch. ... vs State Of Punjab & Others on 5 August, 1980
We are unable to hold that the Punjab Act of 1976 is
ultra vires and that the scheme propounded by this 'Court in
Azad Rickshaw Pullers Union (supra) is unworkable and
ineffective. We believe that given appropriate compliance
the scheme will provide adequate relief to the rickshaw
pullers and constitute an effective supplementary code
fulfilling the object of the Punjab Act.
Punjab Municipal Act, 1911
Maneka Gandhi vs Union Of India on 25 January, 1978
The petitioners contend that 8.3 o the Punjab Act
constitutes an unreasonable restriction on their fundamental
right under sub-cl.(g) of clause (1) of Article 19 of the
Constitution to carry on their occupation of plying cycle
rickshaws because the exercise of that right has been mate
dependent upon their owning the cycle rickshaws piled by
them. It is urged that the constitutional validity of the
impugned legislation cannot be sustained on the basis of an
administrative scheme which has not been sanctioned by it,
and there is nothing in the Punjab Act itself which enables
rickshaw pullers to acquire proprietary rights in cycle
rickshaws plied by them. It is urged that while the object
of the statute has been expressed in 8.3 of the Punjab Act,
there is nothing in the Act which provides the machinery for
achieving that object. It is not sufficient, it is said, to
provide that
676
the rickshaw puller should own the cycle rickshaw which he
plies. The statute should have provided the mechanics of a
system which would have enabled rickshaw pullers, in their
abject poverty, to become the owners of such vehicles. No
such provision having been made in the statute, it is
submitted, the Act represents at best a declaration of
policy and nothing more. Our attention has been invited to
the observations of this Court in Maneka Gandhi v. Union of
India [1978] 2 S.C.R. 621, where it has been elaborately
explained that Article 21 must be read with Article 19 in
adjudging the constitutional validity of an Act, and in
doing so the consequences brought about by the impugned
legislation, and of the action under it, on the citizen must
constitute the test of its validity rather than the object
of the Legislature or the form of action.
The Lord Krishna Sugar Mills Ltd.,And ... vs The Union Of India And Another(And ... on 6 May, 1959
But learned counsel for the petitioners contends that
the validity of s.3 of the Punjab Act cannot be sustained on
the basis of a scheme which can be varied it will by the
authors of the scheme during the operation of the Punjab
Act. The scheme, it is said, may be altered to a degree
where it cease to be identifiable with the object of the
impugned legislation. Reliance is placed by learned counsel
on The Lord Krishna Sugar Mills Ltd. & Anr. v. The Union of
India & Anr. [1960] 1 S.C.R. 39. In that case, the Court
laid down that it was permissible to judge the
reasonableness of a law on the basis of the surrounding
circumstances as well as of contemporaneous legislation
enacted as part of a single scheme. But it also laid down
the limitations circumscribing that principle. Subba Rao. J
said:
Article 32 in Constitution of India [Constitution]
The Punjab Cycle Rickshaw (Regulation of Licence) Rules, 1978
1