Back
1996(1) Supreme 87
SUPREME COURT OF INDIA
A.M. Ahmadi, C.J.I. and B.P. Jeevan Reddy, N.P. Singh, S. Saghir Ahmad and Kuldip Singh, JJ.
Balaji Raghavan (in T.C. (C) No. 9/94)
S.P. Anand (in T.C. (C) No. 1/95) -Petitioner
versus
Union of India (in both cases) -Respondent
Transferred Case (Civil) No. 9 of 1994
with
Transferred Case (Civil) No. 1 of 1995
Decided on 15.12.95
For Union of India : The Attorney General of India.
Mr. Santosh Hegde, Senior Counsel, Amicus Curie.
Held (per CJI and Jeevan Reddy, N.P. Singh and S. Saghir Ahmed, JJ.) : The National Awards do not amount to "titles" within the meaning of Article 18(1) and they should not be used as suffixes or prefixes. If this is done, the defaulter should forfeit the National Award conferred on him or her by following the procedure laid down in Regulation 10 of each of the four notifications creating these National Awards. (Para 32)
The guidelines contained in the communique from the Ministry of Home Affairs towards the selection of probable recipients are extremely wide, imprecise, amenable to abuse and wholly unsatisfactory for the important objective that they seek to achieve. There are no limitations prescribed for the maximum number of awards that can be granted in a given year or the maximum number that is permissible in each category. The Prime Minister s Committee on Awards & Honours, 1948 had recommended certain limitations in terms of numbers but these have not been incorporated in the extant guidelines. As stated earlier, most countries have provided for such limitations in respect of their civil awards. That is for the obvious reason that the importance of the awards is not diluted. While in the grant of the Bharat Ratna award sufficient restraint has been shown, the same cannot be said of all other awards. The exercise of such restraint is absolutely necessary to safeguard the importance of the awards. That is why the need for necessarily granting awards every year also requires reconsideration. These and the fixing of other criteria, which will ensure that the recipients of these awards are subjected to feelings of respect rather than suspicion, need to be examined by a high level committee that may be appointed by the Prime Minister in consultation with the President of India. Even otherwise it is time that such a committee looks into the working of the existing guidelines in view of the experience gained. We say no more as we have entrusted the task of setting up of the Committee to high level functionaries. We may only say that the Committee may keep in view our anxiety that the number of Awards should not be so large as to dilute their value. We may point out that in some countries, including U.S.A., the total number of Awards to be given is restricted. (Para 33)
Held (per Kuldip Singh, J.) : I have read the opinion proposed by A.M. Ahmadi, CJI. I agree with the Chief Justice that Bharat Ratna and Padma awards are not "titles" within Article 18 of the Constitution of India. These awards can be given to the citizens for exceptional and distinguished services rendered in art, literature, science and other fields. These awards are national in character and only those who have achieved distinction at national level can be considered for these awards. The question to be considered, however, is whether the purpose of instituting these awards is being achieved and these are being conferred on the deserving persons. The history and experience shows that, in the beginning, these awards were given to a limited number of persons but in the recent years there have been floodgates of awards for the persons who are well known, lesser known and even unknown. The Padma awards have been conferred on businessmen and industrialists who have multiplied their own wealth and have hardly helped the growth of national interest. Persons with little or no contribution in any field can be seen masquerading as Padma awardees. The existing procedure for selection of candidates is wholly vague and is open to abuse at the whims and fancies of the persons in authority. Conferment of Padma awards without any firm guidelines and fool-proof method of selection is bound to breed nepotism, favoritism, patronage and even corruption. (Para 35)
To ensure that Padma awards are truly national in character and above party and political considerations, I suggest that a committee at national level be constituted by the Prime Minister of India in consultation with the President of India which may include, among others, the Speaker of Lok Sabha, the Chief Justice of India or his nominee and the leader of Opposition in the Lok Sabha. At the State level similar committees may be formed by the Chief Minister of the State of consultation with the Governor. The committee may, among others, include speaker of the Legislative Assembly, Chief Justice of the State or his nominee and the leader of the Opposition. (Para 40)
The function of the State committees may only be to recommend the names of the persons, who in their opinion are deserving of a particular award. The final decision shall have to be taken by the National Committee on Awards. No award should be conferred except on the recommendation of the National Committee. The recommendation must have the approval of the Prime Minister and the President of India. (Para 41)
The number of awards under each category must be curtailed to preserve their prestige and dignity. In any given year the awards, all put together, may not exceed fifty.
(Para 42)
JUDGMENT
Ahmadi, CJI-The short but interesting question that arises for our consideration is :-
"Whether the Awards, Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri (hereinafter called "The National Awards") are "Titles" within the meaning of Article 18(1) of the Constitution of India ?"
2. Before dealing with the legal aspects of the question at issue, we may briefly set out the factual matrix of the two cases. The two petitions which have given rise to this issue were filed in the High Courts of Kerala and Madhya Pradesh (Indore Bench), respectively. The petitioner in T.C. (C) No. 9/94, Balaji Raghavan (hereinafter called Petitioner No. 1 ) had filed O.P. No. 2110/92 (hereinafter called the O.P. ) on February 13, 1992 before the Kerala High Court. The petition filed under Article 226 of the Constitution, sought, by way of a writ of mandamus, to prevent the respondent from conferring any of the National Awards. The petitioner in T.C. (C) No. 1/95, S.P. Anand (hereinafter called petitioner No. 2 ) filed Misc. Petition No. 1900/92 (hereinafter called the M.P. ) on August 24, 1992, before the Indore Bench of the Madhya Pradesh High Court, praying for the same relief.
3. In the Kerala High Court, the two contesting parties filed written submissions and counters between September 30, 1992 and April 7, 1994. During this period, the High Court of Kerala did not hear oral arguments or pass any interim order. However, in the other case, a Division Bench of the High Court of Madhya Pradesh (Indore Bench), on August 25, 1992, through an ex-parte order, issued notice to the respondent and also restrained it from conferring on any person or persons any of the National Awards, until further orders. The respondent filed T.P. (C) Nos. 6 & 7 before this Court, seeking to transfer the case and to vacate the ex-parte order of the High Court of Madhya Pradesh dated August 25, 1992. On January 8, 1993, a Division Bench of this Court, while refusing to transfer the case to itself, directed the Madhya Pradesh High Court to give its decision on the application filed by the respondent for vacating the ex-parte order, on or before January 20, 1993. On January 20, 1993, a Division Bench of the Madhya Pradesh High Court vacated its earlier order dated August 25, 1992. Meanwhile, the respondent filed T.P. (C) No. 811-812/93, by which it sought transfer of both the O.P. and the M.P. to this Court. On October 29, 1993, a Division Bench of this Court directed that the matter be posted before a bench presided over by the Chief Justice of India on January 17, 1994. On that day, a bench of this Court presided over by the then Chief Justice issued notice in T.P. Nos. 811-812/93 and stayed further proceedings in both the petitions. Later, on March 7, 1994, this Court transferred both the aforesaid cases to itself.
4. Thereafter, on September 11, 1995, T.C.(C) Nos. 9/94 and 1/95 were posted before a Division Bench of this Court. The last date for submission of written briefs by both sides was fixed and each side was allotted time for oral arguments. While counsel for the petitioner No. 1 and the respondent submitted their written briefs within the stipulated time, the petitioner No. 2, however, failed to do so. The date for the hearing before this Constitution Bench was fixed for November 14, 1995. On October 31, 1995, the Petitioner No. 2 was given notice of this fact. However, he did not present himself before the constitution Bench and no arguments were advanced on his behalf. Subsequently, after the conclusion of the hearing and the judgment being reserved, he sent communications dated November 1, 1995 and November 6, 1995, which were received by the Supreme Court on November 15, 1995 and November 21, 1995 respectively, requesting that his petition should be delisted or else he should be given a hearing by the Constitution Bench. It is not possible to accede to his request. A public interest litigant cannot choose his forum. Once the case stands t
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
