Author: admin

ISSUE:

Whether the Court could declare Judge Burrell’s decision void due to his financial interest in the Grand Junction Canal Company?

Whether a judge with a pecuniary interest in a case violates the principles of natural justice?

Whether the Court should disqualify a judge to maintain public confidence in the judiciary's impartiality?

RULE:

A judge must not preside over a case in which they have a financial interest, as it violates the duty of impartiality and the principle of natural justice, "no man shall be a judge in his own cause."

ISSUE:

Whether the allocation of government jobs and educational seats based on caste quotas under the OBC (Other Backward Classes) category is constitutional?

Whether the creamy layer should be excluded from the socially and educationally backward class?

Whether the delegation of power to the Union Government regarding criteria for identification of backward class was constitutionally valid?

RULE:

The Constitution of India allows for special provisions to advance the education and employment opportunities of socially and educationally backward classes.

The concept of the “creamy layer” refers to economically advanced individuals within backward classes who should be excluded from the benefits of reservation.

ISSUE:

Whether the approval of the nationalization scheme by the State Government violated the principles of natural justice?

Whether the procedure adopted in delegating the hearing of objections to the Secretary, instead of the decision-making authority, was legally valid?

Whether Chapter IV-A of the Motor Vehicles Act, 1939, amounted to colourable legislation infringing on the petitioners’ fundamental rights?

RULE:

Principles of natural justice require an impartial authority to hear and decide disputes.

Delegation of duties in quasi-judicial acts must comply with statutory requirements.

A law is termed "colourable legislation" if it indirectly achieves what cannot be done directly.

Administrative actions affecting fundamental rights must adhere to due process.

The Constitution allows reasonable restrictions on fundamental rights in the public interest, but such restrictions must meet proportionality tests.

ISSUE:

Whether the presence of author-members in the committee violates the principle of impartiality and fairness?

Whether the doctrine of necessity applies to justify the participation of author-members in the selection process?

Whether the method of selecting books under administrative resolutions is fair and unbiased?

RULE:

The principle of nemo judex in causa sua (no one shall be a judge in their own cause) ensures that individuals with a vested interest in a matter should not participate in decisions where they have a personal stake, maintaining fairness and impartiality in judicial and decision-making processes.

The doctrine of necessity applies only if there is no alternative course of action available.