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1 - 10 of 33 (0.31 seconds)Article 14 in Constitution of India [Constitution]
The Commissions Of Inquiry Act, 1952
Article 246 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Kathi Raning Rawat vs The State Of Saurashtra on 27 February, 1952
If the Government in making the selection
or classification does not proceed on or follow such policy
or principle, it has been held by this Court, e. g., in
Kathi Raning Rawat v. The State of Saurashtra (2) that in
such a case the executive action but not the statute should
be condemned as unconstitutional
In the light of the foregoing discussions the question at
once arises: In what category does the Act or the
notification impugned in these appeals fall ?
It will be apparent from its long title that the purpose of
the Act is to provide for the appointment of Commissions of
Inquiry and for vesting such Commissions with certain
powers. Section 3 empowers the appropriate Government, in
certain circumstances therein mentioned, to appoint a
Commission of Inquiry for the purpose of making an inquiry
into any definite matter of public importance and performing
such functions within such time as may be specified in the
notification. It seems clear-and it has not been
controverted-that on a proper construction of this
(1) [1955] 1 S.C.R. 234.
The Code of Criminal Procedure, 1973
Section 6 in The Commissions Of Inquiry Act, 1952 [Entire Act]
Section 5 in The Commissions Of Inquiry Act, 1952 [Entire Act]
The State Of Bombay And Another vs F.N. Balsara on 25 May, 1951
Reference is again made to the several matters enumerated in
the five clauses set out in the first, preamble to the
notification and it is urged that those matters do not at
all disclose any intelligible differentia on the basis of
which the petitioners and their companies can be grouped
together as a class. On the part of the Union of India
reference is made to the affidavits affirmed by Shri H. M.
Patel, the Principal Secretary to the Finance Ministry of
the Government of India purporting to set out in detail as
the background thereof, the circumstances which led to the
issue of the impugned notification and the matters recited
therein and the several reports referred to in the said
affidavit. Learned counsel for the petitioners take the
objection that reference cannot be made to any extraneous
matter and that the basis of classification must appear on
the face of the notification itself and reliance is placed
on certain observations in the dissenting judgments in
Chiranjitlal Chowdhury's case (1) and in item (2) of the
summary given by Fazl Ali J. in his judgment in F. N.
Balsara's case (2).