AI Overview...
- Violation of Article 253 of the Constitution - Main points and insights:
- Several cases discuss whether notifications or legislative actions violate Article 253, which empowers Parliament to enact laws to implement international treaties or agreements, potentially overriding state laws (e.g., Karan Dileep Nevatia, Proprietor of M/s. Kunal Vintners and M/s. Sundeep Vintners VS Union of India, through the Commerce Secretary, Ministry of Commerce & Industry - Bombay, T. John Rose, Proprietor VS State Of Kerala, Rep. By Its Secretary (Taxes), Government Secretariat Others - Kerala, Abraham C. Joseph VS Union Of India Rep. By Secretary To Govt. Of India Ministry Of Finance Department Of Revenue New Delhi - Kerala, Ashwani Kumar VS Union of India - Supreme Court).
- Courts have held that actions or notifications cannot be struck down solely for violating Article 253 if they are within constitutional bounds and do not infringe individual rights or violate other constitutional provisions (Karan Dileep Nevatia, Proprietor of M/s. Kunal Vintners and M/s. Sundeep Vintners VS Union of India, through the Commerce Secretary, Ministry of Commerce & Industry - Bombay, T. John Rose, Proprietor VS State Of Kerala, Rep. By Its Secretary (Taxes), Government Secretariat Others - Kerala, Ashwani Kumar VS Union of India - Supreme Court).
- Article 253 is often invoked in the context of legislation related to foreign exchange, smuggling, or international agreements, with courts emphasizing the importance of constitutional limits and procedural fairness.
- Analysis and Conclusion:
- Article 253 primarily facilitates the enactment of laws to give effect to international treaties but does not permit actions that violate fundamental rights or other constitutional provisions.
- Courts have consistently maintained that any legislation or notification under Article 253 must conform to the constitutional framework, ensuring no infringement of rights such as equality, trade freedom, or procedural fairness.
- Therefore, violations of Article 253 are typically assessed in the context of whether the legislation or notification respects constitutional rights and principles, rather than as an independent violation.
References: - Karan Dileep Nevatia, Proprietor of M/s. Kunal Vintners and M/s. Sundeep Vintners VS Union of India, through the Commerce Secretary, Ministry of Commerce & Industry - Bombay - T. John Rose, Proprietor VS State Of Kerala, Rep. By Its Secretary (Taxes), Government Secretariat Others - Kerala - Abraham C. Joseph VS Union Of India Rep. By Secretary To Govt. Of India Ministry Of Finance Department Of Revenue New Delhi - Kerala - Ashwani Kumar VS Union of India - Supreme Court
Search Results for "Violation of Article 253 of Constitution"
2010 0 Supreme(Bom) 16 • India - Bombay
A.A.SAYED, RANJANA DESAI
253 of Constitution - No case of hostile discrimination made out on part of State - Petition dismissed. - It is now necessary to ... Constitution of India - Article 253 - Bombay Prohibition Act, 1949, Section 58-A, 139(1)(d-1) and 143(2)(b) - Licence "FL-1" - Levy ... differentia - Impugned Notification cannot be said to be discriminatory - Cannot be struck down on ground that they violative of Article ... According to the petitioner, the impugned Notifications are in violation of #HL_....
1998 0 Supreme(MP) 617 • India - Madhya Pradesh
USHA SHUKLA, S.K.DUBEY
... Article 39 (d) contained in Part IV of the Constitution, ordains ... Therefore, in our opinion, the writ petitioners clearly had made out a case of violation of Al1icle 14, 16 (1) and 39 (d) of the ... 39 (d) of the Constitution.
• India - Bombay High Court - Appellate Side,Bombay
253 of the Constitution. ... It is urged by the petitioner that the impugned Notifications are in violation of Article 253 p style="position:absolute;white-space ... of Article 14. ... of the Constitution. ... 246 of the Constitution.
1999 0 Supreme(MP) 346 • India - Madhya Pradesh
A.K.MATHUR, DIPAK MISRA
So far as the powers of the Central Government to issue instructions under Article 73 of the Constitution with reference to Article I of the Agreement is concerned, there is no violation of any laws. ... 3 will not be sufficient and the Parliament has to amend the Constitution by virtue of Article 368 of the Constitution. ... ... It is thus true that if there is no violation of an individual right or any State laws, then the executive instructions c....
2007 0 Supreme(Ker) 206 • India - Kerala
K.S.RADHAKRISHNAN, M.N.KRISHNAN
Central Government or the officers functioning under the Lotteries (Regulation) Act, 1998 Court have got power to take action for violation ... Learned counsel also referred to Article 253 of the Constitution which is the legislation for giving effect to international agreements and highlighted the effect of the non obstante clause contained in the said Article which takes away the power of the State Government under Article 246. ... 298 of the Constitution and also f....
• India - Crimes
C.T.RAVIKUMAR, THOTTATHIL B.RADHAKRISHNAN
22(5)—Order of detention—Right of representation—Mandate of law in terms of Article 22(5) of the Constitution—When materials are ... Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974—Sections 3 and 8—Constitution of India—Article ... noticed above, we cannot, but hold that the proceedings before the Advisory Board were not in consonance with the requirement of the Constitution ... The petitioner says and submits that the whole of the procedure is unfair and violation of t....
2012 0 Supreme(Ker) 294 • India - Kerala
THOTTATHIL B.RADHAKRISHNAN, C.T.RAVIKUMAR
The petitioner says and submits that the whole of the procedure is unfair and violation of the Act as well as the Constitution. ... State of T.N [1999 SCC (Criminal) 93] is law declared by the Apex Court and binding in terms of Article 141 of the Constitution. ... Hence, though the right to make a representation in terms of Article 22(5) of the Constitution is not incorporated into the Act by amendments, that right has to be read as an intricate statutory component. ... Secondly, by re....
2012 3 Supreme 439 • India - Supreme Court
SUDHANSU JYOTI MUKHOPADHAYA, G.S.SINGHVI
72 of the Constitution. ... 72 of Constitution-Transfer petitions filed by writ petitioners on plea that hearing thereof in Madras High Court may not be possible ... Constitution of India,1950- Article 139A(1) - Conviction of writ petitioners and ... Thereafter, they filed three writ petitions, of which particulars have been mentioned hereinabove, for quashing the rejection of the petitions filed by them under Article 72 of the Constitution on the ground of violation of the principles ....
2019 7 Supreme 667 • India - Supreme Court
RANJAN GOGOI, SANJIV KHANNA, DINESH MAHESHWARI
- Yet courts do not encroach upon the field marked by the Constitution for the legislature and the executive - Constitution does ... (Para 27, 28, 32, 33) (e) Constitution of India - Articles 253 ... accordance with the UN Convention - Court however can give appropriate direction in individual cases involving human rights and Article ... For the grant of compensation, therefore, proceedings under Article 32 or 226 of the Constitution are entertained when vio....
2005 0 Supreme(Kar) 524 • India - Karnataka
P.VISHWANATHA SHETTY, H.G.RAMESH
... Article 19(1) (g) - Violation of freedom of trade and business - ... - Article 19(1) (g) - Violation of freedom of trade and business - Do the proposition notices issued under section 12-A of Karnataka ... Sales Tax Act, 1957 violate the Article ? ... Gujar are citizens of India and they claim admission to Barnes High School in exercise of the fundamental right said to have been guaranteed to them by Article 29 (2) of the Constitution. The School has declined to a....
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