The modern state is expected to engage in all the activities necessary for the promotion of the social and economic welfare of the community: SC [Case Brief]

The modern state is expected to engage in all the activities necessary for the promotion of the social and economic welfare of the community: Supreme Court

The federal structure of the largest democracy of the world functions through three organs: Legislative, Executive and Judiciary. The doctrine of separation of powers lays down that all the three functions of these organs are different and are not to be transgressed. However, this does not mean that the executive does not have the law making power.  A balance, thus, is required to be sought in order to prevent the abuse of power exercised by these organs of the state.

Rai Sahib Ram Jawaya Kapur and Ors. Vs The state of Punjab

Before Supreme Court of India

Delivered on: 12 April 1955

Bench: Chief Justice Mukherjea, Justice V Bose, Justice Jagannadhadas, Justice V Ayyar, Justice Imam.

Author of the Judgement: Chief Justice Mukherjea

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(DR.) N.B. Khare V/s. State of Delhi

Article 19 (1) (d) guarantees to all citizens of India the right “to move freely throughout the territory of India”. This right is, however, subject to reasonable restrictions mentioned in clause (5) of Article 19. The Supreme Court in the instant case deals with the restriction when it comes to procedure.

N.B. Khare (DR.) V/s. The State of Delhi

Petition No. 37 of 1950

Before the Supreme Court of India

Decided on: 26th May 1950.

Coram: Harilal J. Kania, C.J. and Fazl Ali, Patanjali Sastri, M.C. Mahajan and B.K. Mukherjea, JJ.

Author of the Judgement: Harilal J. Kania, C.J.

Advocate for Petitioner: B. Banerji

Advocate for Respondent: M.C. Setalvad, Attorney-General for India

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