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Introduction

Rai Sahib Ram Jawaya Kapur v. State of Punjab AIR 1955 SC 549

ISSUE:

Regardless of whether there was an infringement of the Fundamental Rights of the applicants in the creation of a restraining infrastructure occupied with publishing and distributing reading material for schools was ultra vires their powers?

Even if the State could create a monopoly in its favour, whether it could have been done by an executive act, or did it necessarily require specific legislation?

RULE:

With the rising need for a change of paradigm of functions of the State, there needs to be some intrinsic change in the understanding and constituent of the executive powers.

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Introduction

Additional District Magistrate, Jabalpur v. Shivkant Shukla & Others (1976) 2 SCC 521

ISSUE:

Maintainability of any writ petition under Article 226 for the issuance of a writ of Habeas Corpus, to ensure personal liberty, on the ground that the order of detention is not valid according to the provisions of the Maintenance of Internal Security Act, 1971 (also known as MISA) read with the orders issued by the President under Article 359(1).

If yes, then what is the extent of judicial scrutiny concerning the aforesaid mentioned Presidential orders?

RULE:

The Supreme Court made the inherent and inalienable Right of Life under Article 21 dependent on the provisions of the Constitution.

It reduced its power and scope of functioning while dealing with cases relating to Fundamental Rights during Emergency, giving the Executive full reign of managing affairs of the country, which is arbitrary.

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