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1997 Supreme(SC) 173

G.T.NANAVATI, K.RAMASWAMY
State Of Bihar – Appellant
Versus
Subhash Singh – Respondent


ORDER

Delay condoned.

2. This special leave petition arises from the order dated July 19, 1996 imposing costs personally against the respondent passed by the Patna High Court in M.J.C. No. 1488 of 1995.

3. The Constitution of India is the supreme law of the land, having flown from "We, the people of India, i.e., Bharat, having solemnly resolved to constitute India into a sovereign, socialist, secular democratic Republic. The sovereign power is distributed among the Legislature, the Executive and the Judiciary with checks and balances but not in water tight rigid mould. In our democracy governed by the rule of law, the Judiciary has expressly been entrusted with the power of judicial review as sentinal in qui vive. Basically judicial review of administrative actions as also of legislation is exercised against the action of the State. Since the State or public authorities act in exercise of their executive or legislative power, they are amenable to the judicial review. The State, therefore, is subject to etat de droit, i.e. the State is submitted to the law which implies that all actions of the State or its authorities and officials must be carried out subject to the Constitution and w








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