Live Law
2024-01-30 05:42:00.0
CJI: in the absence of an express obliteration of the past, can the court not look into the preexisting history?
SG: no, the simple reason is that history has always held different shapes .....
CJI: therefore is it your submission that unless the statute expressly recognise the minority character of the institution you cannot recognise, can we stretch it to that point
SG: unless the founding facts, members etc are not recognised in the statute, the statute becomes the final word . It would not be possible for any party to request the court to go behind it and try to find out the history
CJI: Annamalai is not under article 30
SG: maybe a linguistic minority I am not aware of ....i have given other examples aswell
CJI: anyway we got your point