Live Law
2019-11-14 07:21:10.0
Whether it can be violated by a person holding a public office ? Can there be guidelines to fill the vacuum till the Parliament chooses to enact a law ?
AG - Your Lordships cannot independently evolve principles which can be independently defined into law.
J. Mishra - In Rafique Masi (a service law matter), the question of Art. 142 came up. We are not making the law. Law exists in the shape of the Constitution. Once the court has recognised those rights, it’s binding.
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