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1958 Supreme(SC) 85

SYED JAFAR IMAM, T. L. VENKATARAMA AYYAR, S. R. DASS, N. H. BHAGWATI, J. L. KAPUR, B. P. SINHA, S. K. DAS
President Of India – Appellant
Versus
Kerala Education Bill, 1957 – Respondent


Advocates:
B.K.B.Naidu, C.K.DAFTARY, C.M.KURUVILA, C.P.LAL, D.N.PRITI, E.C.AGARWAL, FRANK ANTHONY, G.C.KASLIVAL, G.C.MATHUR, G.N.Joshi, G.S.PATHAK, H.N.SANYAL, J.B.DADACHAN, K.R.CHAUDHARY, M.B.Krishna Pillai, M.C.SETALVAD, Nuruddin Ahmed, P.C.AGRAWAL, R.H.Dhebar, RAJINDAR NARAIN, S.EASWARA LYER, S.S.SHUKLA, SARDAR BAHADUR SAHARYA, T.M.SEN, V.O.ABRAHAM

Judgment

S. R. DAS, CJI. : This reference has been made by the President under Art. 143 (1) of the Constitution of India for the opinion of this Court on certain questions of law of considerable public importance that have arisen out of or touching certain provisions of the Kerala Education Bill, 1957, hereinafter referred to as "the said Bill", which was passed by the Legislative Assembly of the State of Kerala on 2nd September 1957, and was, under Art. 200, reserved by the Governor of Kerala for the consideration of the President. After reciting the fact of the passing of Kerala and of the reservation thereof by its Governor for the consideration of the President and after setting out some of the clauses of the said Bill and specifying the doubts that may be said to have arisen out of or touching the said clauses, the President has referred to this Court certain questions hereinafter mentioned for consideration and report. It is to be noted that the said Bill not having yet received the assent of the President the doubts, leading up to this reference, cannot obviously be said to have arisen out of the actual application of any specified section of an Act on the facts of any partic















































































































































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