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1. Minerva Mills Ltd. v. Union of India, (1980) 3 SCC 625 [09-05-1980]


mere adornment because rights without remedies are as writ in water ... to lose their supremacy J 5
only during the period that the proclamation of emergency is in operation...

2. Union of India v. Bhanudas Krishna Gawde, (1977) 1 SCC 834 [25-01-1977]


the following passage in their Constitutional Law 8th Edn., Chapter 48, pp ...recognised that J 3
times of grave national...

3. ADM, Jabalpur v. Shivakant Shukla, (1976) 2 SCC 521 [28-04-1976]


put and on which persons, during a national emergency, in the interest of national security, are J 5
matters of policy...

4. G. Sundarrajan v. Union of India, (2013) 6 SCC 620 [06-05-2013]


National Policy ... are mainly categorised as plant emergency alert; plant emergency; site J 2
emergency and off-site emergency...

5. S.R. Bommai v. Union of India, (1994) 3 SCC 1 [11-03-1994]


Undoubtedly, breakdown of the constitutional machinery in a State does ...rise to a situation of J 9
emergency...

6. Special Courts Bill, 1978, In re, (1979) 1 SCC 380 [01-12-1978]


prior to the declaration of Emergency cannot validly be grouped along ...alleged to have J 7
committed offences during the period of...

7. V.C. Shukla v. State (Delhi Admn.), 1980 Supp SCC 249 [11-04-1980]
the special features of the emergency and the result of the ...the Government regarding offences J 3
committed during the...

8. Sushma Sharma v. State of Rajasthan, 1985 Supp SCC 45 [12-03-1985]


any attempt to separate pre-emergency appointees and no distinction was made between pre- J 2
emergency and post-...

9. State of Rajasthan v. Union of India, (1977) 3 SCC 592 [06-05-1977]


the 42nd Amendment was that during the emergency important leaders of the opposition ... is not J 7
of a grave emergency. In fact the word emergency" is not used there...

10. Makhan Singh Tarsikka v. State of Punjab, (1964) 4 SCR 797 [02-09-1963]
and the executive actions taken during the course of the said emergency shall be inoperative to J 7
the ...because as soon as the emergency is lifted, Article 19 which was...

11. Samsher Singh v. State of Punjab, (1974) 2 SCC 831 [23-08-1974]


can declare a war in national defence or proclaim a breakdown of the State constitutional J 7
machinery or assent to a...

12. Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1 [16-10-
2015]
Advani, during the Emergency in ... refugee from my own country during the Emergency ... J 5
Secondly, the supersession took place during the internal Emergency declared by Prime Minister
Indira...

13. Sunil Batra (II) v. Delhi Admn., (1980) 3 SCC 488 [20-12-1979]
Next day during the ward rounds when I ... Like class actions, class remedies have pro bono J 3
value...

14. Martin F. D'Souza v. Mohd. Ishfaq, (2009) 3 SCC 1 [17-02-2009]


During June 1991 the respondent visited Nanavati ... During that period, he did not ... J 2
Extraordinary situations require extraordinary remedies...

15. Bennett Coleman & Co. v. Union of India, (1972) 2 SCC 788 [30-10-1972]
Para 26 ) During the proclamation of emergency Article 19 is suspended ... the 1972-73 J 5
Newsprint Policy during the proclamation of emergency...
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16. Rameshwar Prasad (VI) v. Union of India, (2006) 2 SCC 1 [24-01-2006]


is only when those two remedies fail that he would resort ... The national economy of America is J 5
fully...

17. Emperor v. Chanappa Shantibappa, 1930 SCC OnLine Bom 46 [01-09-1930]


See Dicev's Constitutional Law, pp. 283-4, 538, 540-1, and 544 to 546; Forsyth on J 3
Constitutional Law, pp. 198-...

18. Golak Nath v. State of Punjab, (1967) 2 SCR 762 [27-02-1967]


overlap and some are superseded during emergencies ... Fundamental Rights with the guaranteed J 11
remedies...

19. Emperor v. Benoari Lall Sarma, 1943 SCC OnLine Cal 244 [04-06-1943]
time limitation of six months during which an ordinance is to ... of the existence of an emergency", J 3
in s. 1( 3 ) is, in my ...of some event or events during the continuance of an...

20. I.R. Coelho v. State of T.N., (2007) 2 SCC 1 [11-01-2007]


National Industrial Tribunal , AIR 1962 SC 171 ; Bennett ... National Industrial Tribunal 84 f ... J 9
During internal Emergency, Parliament passed the Constitution (Fortieth...

21. I.R. Coelho v. State of T.N., (2007) 2 SCC 1 [11-01-2007]


National Industrial Tribunal , AIR 1962 SC 171 ; Bennett ... National Industrial Tribunal 84 f ... J 9
During internal Emergency, Parliament passed the Constitution (Fortieth...

22. K.S. Puttaswamy v. Union of India, 2017 SCC OnLine SC 996 [24-08-2017]
In National Legal Services Authority v ... they are given because the emergency is extraordinary, J 9
and are limited to the period of the emergency...

23. Dharam Dutt v. Union of India, (2004) 1 SCC 712 [24-11-2003]


National Industrial Tribunal , AIR 1962 SC 171 : (1962) 3 SCR ... National Industrial Tribunal , J 2
AIR 1962 SC 171 : (1962) 3 SCR...

24. Society for Unaided Private Schools of Rajasthan v. Union of India, (2012) 6 SCC 1 [12-
04-2012]
J 3
over the judgments of the constitutional courts, but to make law constitutional ... Lives of children
are a national asset, and the future of...

25. Amarnath Shrine, In re, (2013) 3 SCC 247 [13-12-2012]


They constitute a national asset ... Last year 105 persons died during the 45 days' yatra ... that J 2
three more pilgrims died during the yatra raising the toll...

26. Re-Inhuman Conditions in 1382 Prisons, 2017 SCC OnLine SC 1109 [15-09-2017]
information available is from the National Crime Records Bureau or the ... This monograph J 2
records that during the period 2007-2011, deaths in...

27. Delhi Laws Act, 1912, In re v. Part 'C' States (Laws) Act, 1950, 1951 SCR 747 [23-05-
1951]
justified on the ground that during a period of emergency and danger to the State ... decisions of J 7
the Supreme Court during the arguments and quotations from several books on constitutional law
were cited...

28. Radhy Shyam v. State of U.P., (2011) 5 SCC 553 [15-04-2011]


have any idea about their constitutional and legal rights, which can be enforced by availing the J 2
constitutional...

29. Regional Director, ESI Corpn. v. Francis De Costa, 1993 Supp (4) SCC 100 [05-05-
1992]
J 2
In respect of other injuries remedies and forums are different e ... he had to pass on National
Highway No. 4 between Bangalore and...

30. Dwarkadas Shrinivas of Bombay v. Sholapur Spg. & Wvg. Co. Ltd., 1954 SCR 674 [18-
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Wednesday, September 20, 2017
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12-1953]
J 5
the High Court of Bombay during the pendency of Chiranjit Lal ... Constitutional Remedies ... A
reference to Coolley's Constitutional Limitations fully bears out what...

31. State of Uttaranchal v. Balwant Singh Chaufal, (2010) 3 SCC 402 [18-01-2010]
Remedies sought from the Courts in ...litigation go beyond award of remedies to affected J 2
individuals and groups...

32. State of Karnataka v. Union of India, (1977) 4 SCC 608 [08-11-1977]


1947) 74 CLR 31 ; Australian National Airways (P) Ltd. v ... necessary to do so in national J 7
interest or during the continuance of a proclamation of emergency...

33. State of Karnataka v. Praveen Bhai Thogadia (Dr.), (2004) 4 SCC 684 [31-03-2004]
High Court, that the respondent during his visit to another place ... are attempting to subject the
J 2
constitutional machineries of the State to ...bring about and even undermine national integration
achieved with much difficulties...

34. Madras Bar Assn. v. Union of India, (2014) 10 SCC 1 [25-09-2014]


The National Green Tribunal Act ... In all these petitions, the constitutional validity of the National J 5
Tax Tribunal Act, 2005 ('the Act'...

35. Union of India v. Elphinstone Spg. and Wvg. Co. Ltd., (2001) 4 SCC 139 [10-01-2001]
Madras Race Club case), distinguished National Textile Corpn ... 1973) 4 SCC 225 , J 5
distinguished National Textile Corpn...

36. Ramlila Maidan Incident, In re, (2012) 5 SCC 1 [23-02-2012]


was not a case of emergency ... emergency protective order" or an emergency preventive J 2
order ... emergency protective order" or an emergency preventive order...

37. Nabam Rebia & Bamang Felix v. Dy. Speaker, Arunachal Pradesh Legislative
Assembly, (2016) 8 SCC 1 [13-07-2016]
J 5
The constitutional Governor is to hold his office under Article 156, during the pleasure of the
President...

38. Shridhar Mahadeo Joshi v. State of Maharashtra, 1976 SCC OnLine Bom 128 [07-12-
1976]
J 2
all other parties except the National Socialist Party ... National Socialist Party ... advocated a
dialogue at the national level and stated that was...

39. People's Union for Civil Liberties v. Union of India, (2004) 9 SCC 580 [16-12-2003]
also free to exercise their constitutional remedies ... Attack on symbols of national pride and on J 2
security/strategic...

40. Assam Sanmilita Mahasangha v. Union of India, (2015) 3 SCC 1 [17-12-2014]


of informal talks were held during ... aspects of the problem including constitutional and legal J 2
provisions, international agreements national commitments and humanitarian considerations, it...

41. Yogendra Kumar Jaiswal v. State of Bihar, (2016) 3 SCC 183 [10-12-2015]
National Textile Corpn ... a way, corruption becomes a national economic terror ... Bar Assn. J 2
case 20 , the constitutional validity of the National Tax Tribunal Act, 2005 was called...

42. Sahara India Real Estate Corpn. Ltd. v. SEBI, (2012) 10 SCC 603 [11-09-2012]
These remedies have been dealt with in ... National Rural Health Mission (NRHM) scam ... J 5
During pending proceedings Radhika Girotra case...

43. Selvi v. State of Karnataka, (2010) 7 SCC 263 [05-05-2010]


III - Public interest - Whether overrides constitutional guarantees/freedoms W ... of Energy had J 3
requested the National Research Council of the National Academies (NRC) to review their...

44. Sunil Batra v. Delhi Admn., (1978) 4 SCC 494 [30-08-1978]


During hours of cellular confinement, condemned ... Sobraj, in chains, demands constitutional J 5
rights for man...
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Wednesday, September 20, 2017
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45. Kartar Singh v. State of Punjab, (1994) 3 SCC 569 [11-03-1994]


be exercised and enforced even during emergency. To better understand, the legislative ...and 21 J 5
from operation even during...

46. Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1 [07-11-1975]
During the pendency of the cross-appeal ... of public interest and of national importance ... J
During the pendency of these appeals...

47. Amichand Valanji v. G.B. Kotak, 1964 SCC OnLine Bom 6 [06-10-1964]
The National Emergency Transitional Powers Act, 1945 was, therefore ... Governor in Council J 2
by the National Emergency Transitional Powers Act...

48. Amichand Valanji v. G.B. Kotak, 1964 SCC OnLine Bom 56 [09-10-1964]
The National Emergency Transitional Powers Act, 1945 was, therefore ... Governor in Council J 2
by the National Emergency Transitional Powers Act...

49. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 [24-04-1973]


how while the proclamation of emergency is in operation provisions of Article 19 are suspended J 13
during...

50. Fatima v. National Zoological Park, 2016 SCC OnLine Del 3905 [13-07-2016]
National Zoological Park ... brought to our notice that during the pendency of this writ ...has been J 2
constituted by the National Zoological Park, Delhi vide order...

51. S.P. Mittal v. Union of India, (1983) 1 SCC 51 [08-11-1982]


of the problem, the Auroville (Emergency Provisions) Ordinance, 1980 was issued which ...on J 5
replaced by the Auroville (Emergency Provisions) Act...

52. B.R. Kapur v. State of T.N., (2001) 7 SCC 231 [21-09-2001]


Anand's Constitutional Law and History of Government ...except in case of some national J 5
emergency such as war...

53. Maneka Gandhi v. Union of India, (1978) 1 SCC 248 [25-01-1978]


National Industrial Tribunal ... Constitutional requirement of an order under ... Constitutional J 7
validity of the impugned Order...

54. S.P. Gupta v. Union of India, 1981 Supp SCC 87 [30-12-1981]


reason that the transfers effected during the emergency were sought to be defended on the plea of J 7
national integration and removal of narrow...

55. Union of India v. S.P. Sharma, (2014) 6 SCC 351 [06-03-2014]


In a constitutional set-up, when an office is held during the pleasure of the President ... In a J 3
constitutional set-up, when office is held during the pleasure of the President...

56. Ashoka Kumar Thakur v. Union of India, (2008) 6 SCC 1 [10-04-2008]


The national literacy rate is ... Ambedkar, "castes are anti-national ... text is explicit in seeking J 5
remedies the implementation appears to evade...

57. Union of India v. Sriharan, (2016) 7 SCC 1 [02-12-2015]


will always be available being constitutional remedies untouchable by the Court ... the State List in J 5
the national interest and if a Proclamation of Emergency is in operation...

58. Jindal Stainless Ltd. v. State of Haryana, 2016 SCC OnLine SC 1260 [11-11-2016]
The fact that during emergency and in certain other eventualities ... in nature and has sufficient J 9
remedies to cover excessive taxation and...

59. Mohinder Singh Gill v. Chief Election Commr., (1978) 1 SCC 405 [02-12-1977]
this exclusion of all other remedies includes constitutional remedies like Article 226 because of J 5
the...

60. Express Newspapers (P) Ltd. v. Union of India, (1986) 1 SCC 133 [07-10-1985]
for the petitioners contended that during the period of Emergency, Indian Express had displayed J 3
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Wednesday, September 20, 2017
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exemplary...

61. Union Carbide Corpn. v. Union of India, (1991) 4 SCC 584 [03-10-1991]
All ER 275 , relied on National Textile Workers Union v ... National Union of Vehicle Builders , J 5
1971 Ch...

62. Mullaperiyar Environmental Protection Forum v. Union of India, (2006) 3 SCC 643 [27-
02-2006]
J 3
VII Lists II and III - Constitutional validity of law made under ... was constructed across Periyar
river during 1887-...

63. S.S. Bola v. B.D. Sardana, (1997) 8 SCC 522 [11-07-1997]


National Insurance Co ... National Insurance Co ... guise of an act affecting remedies, does not J 3
alter the rule...

64. Madhu Limaye v. Sub-Divisional Magistrate, (1970) 3 SCC 746 [28-10-1970]


Hidayatullah, C.J. - During the hearing of these petitions the constitutional validity of Section 144 J 7
and Chapter...

65. State of Bihar v. Bal Mukund Sah, (2000) 4 SCC 640 [14-03-2000]
Constitutional scheme ... This is the constitutional mandate of that article ... is not a non-aligned J 5
national charter...

66. Harish Uppal (Ex-Capt.) v. Union of India, (2003) 2 SCC 45 [17-12-2002]


So far as legislation, national and regional issues are concerned ...always has recourse to legal J 5
remedies...

67. A.K. Gopalan v. State of Madras, 1950 SCR 88 [19-05-1950]


in Professor Willis's book on Constitutional Law and Cooley's Constitutional Limitations ... See J 6
Cooley on Constitutional Limitations , 8th Edn., Vol...

68. Manuel Theodore D'Souza, 1999 SCC OnLine Bom 690 [27-10-1999]
associated with suppression of liberty during the emergency Emergency politics led the search J 1
for...

69. Shayara Bano v. Union of India, 2017 SCC OnLine SC 963 [22-08-2017]
During that period, her marriage was ... During that period, the marriage was ... 'Personal law' J 5
has a constitutional protection...

70. Delhi Transport Corpn. v. D.T.C. Mazdoor Congress, 1991 Supp (1) SCC 600 [04-09-
1990]
J 5
is always presumed to be constitutional and where necessary a constitutional meaning will be
inferred to...

71. National Insurance Co. Ltd v. Union of India, 1977 SCC OnLine Del 91 [24-08-1977]
29 : (1978) 41 STC 30 National Insurance Co ... National Insurance Co ... By the General J 1
Insurance (Emergency Provisions) Ordinance, 1971, which was later...

72. Shiv Kumar Tulsian v. Union of India, 1986 SCC OnLine Bom 351 [03-12-1986]
During this period of moratorium, the ...of HCB with the Punjab National Bank ... all or of certain J 2
legal remedies against debtors, sometimes authorised by law during financial distress...

73. Indian Handicrafts Emporium v. Union of India, (2003) 7 SCC 589 [27-08-2003]
had imported ivory from Africa during 1971 to ... 'essential commodities' (such as cotton), during J 3
a period of emergency, the State may impose a...

74. Shreya Singhal v. Union of India, (2015) 5 SCC 1 [24-03-2015]


National borders have become meaningless ... experience in Italy, where the Constitutional Court J 2
allowed private broadcasting at ...while denying it at the national level should serve as a...

75. Probodh Chandra Roy v. Life Insurance Corporation of India, 1977 SCC OnLine Cal
269 [18-02-1977]
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the more so when such remedies are still open to the ... suspended by the Proclamation of J 1
Emergency, as declared by G.S ...remain suspended for the period during which the
Proclamation of...

76. Bharat Petroleum Corporation Ltd. v. Petroleum Employees' Union, 2000 SCC OnLine
Bom 739 [15-11-2000]
J 1
form of a direct action during their long struggle against the ... Courts are the upholders of
constitutional rights and defenders of constitutional values...

77. Unni Krishnan, J.P. v. State of A.P., (1993) 1 SCC 645 [04-02-1993]
Paras 202 ) National Union of Commercial Employees v ... Higher education calls heavily on J 5
national economic resources...

78. Bharat Petroleum Corporation Ltd. v. Petroleum Employees' Union, 2000 SCC OnLine
Bom 739 [15-11-2000]
J 1
Courts are the upholders of Constitutional rights and defenders of constitutional values ... is
restricted and indeed, prohibited during the continuation of the aforesaid...

79. Union of India v. Krishan Lal Arneja, (2004) 8 SCC 453 [28-04-2004]
is also clear that the National Conference member mentioned about the ... of this administrative J 2
fairness is constitutional anathema except for good reasons...

80. Food Corporation of India v. Central Government Industrial Tribunal, 2009 SCC
OnLine Cal 530 [25-02-2009]
J 2
interim order was made that during its pendency service of the ... Tribunal whether is contoured
by constitutional provision or not...

81. State of W.B. v. Kesoram Industries Ltd., (2004) 10 SCC 201 [15-01-2004]
wisdom and nice adaptations of remedies may not be possible ... National Thermal Power J 5
Corpn ... wisdom and nice adaptations of remedies may not be possible...

82. Bhola Ram v. GNCTD, 2013 SCC OnLine Del 3907 [27-09-2013]
has increased manifold in the National Capital Territory of Delhi ... It requires no constitutional J 2
recognition; it is an attribute...

83. Tata Cellular v. Union of India, (1994) 6 SCC 651 [26-07-1994]


p. 96; Clive Lewis : Judicial Remedies in Public Law , 1992 Edn., pp ... Ministry of Pensions and J 3
National Insurance , (1963) 1 WLR 186 : (1963) 1 All ER 275 ; Ashbridge...

84. Haveliram Shetty v. His Highness Shri Lukhdhirji the Maharaja Saheb of Morvi, 1944
SCC OnLine Bom 23 [06-04-1944]
J 3
The emergency type of delegated legislation is ... the old tolls and the remedies are, by enactment,
extended to...

85. Ali Ahmed v. State of West Bengal, 1978 SCC OnLine Cal 217 [31-07-1978]
State of West Bengal Constitutional Writ Jurisdiction Before M.N ... reduced for about 4 times J 1
during the said financial year...

86. Ravindra Ramchandra Waghmare v. Indore Municipal Corpn., (2017) 1 SCC 667 [29-
11-2016]
with other provisions within the constitutional limitations ... the two provisions deal with remedies, J 2
for validity of plural remedies cannot be doubted. Even if the two remedies happen to be
inconsistent, they...

87. Rinchu v. Govt. of NCT of Delhi, 2006 SCC OnLine Del 1372 [10-11-2006]
of any delay in providing emergency and first aid treatment are ... Hospital and sent to the J 1
emergency ward for eye examination...

88. Swadeshi Cotton Mills v. Union of India, (1981) 1 SCC 664 [13-01-1981]
Appeal No. 1857 of 1979 NATIONAL TEXTILE CORPORATION ... National Association J 3
for Internal Revenue , (1930) 283 US...

89. Nestle India Limited v. Food Safety and Standards Authority of India, 2015 SCC
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OnLine Bom 4713 [13-08-2015]


J 2
During the course of arguments, Mr ... Every limb of the constitutional machinery is obliged to
be...

90. Tan Bug Taim v. Collector of Bombay, 1945 SCC OnLine Bom 32 [09-08-1945]
the effect of Proclamations of Emergency under s. 102 of that Act ... to the interpretation of a J 1
constitutional enactment...

91. Kamla Devi v. Government of National Capital Territory of Delhi, 1999 SCC OnLine
Del 833 [11-10-1999]
J
Government of National Capital Territory of Delhi HIGH ... motu taken up by the National
Human Rights Commission...

92. Vasant Kunj Enclave Housing Welfare Society v. Union of India, 2005 SCC OnLine Del
280 [03-03-2005]
J 2
the pleadings as well as during the arguments, a reference was ... is no justification for invoking
emergency clauses hence emergency clauses may be withdrawn...

93. Balasaheb v. State of Maharashtra, 2014 SCC OnLine Bom 1167 [14-08-2014]
detained and all of his Constitutional rights were violated ... A.P.P. submitted that during the J 2
pendency of said revision...

94. Mahesh Vijay Bedekar v. State of Maharashtra, 2015 SCC OnLine Bom 560 [13-03-
2015]
J 2
However, as the constitutional validity of Sections 227 and 234 of ... See Noise Pollution, Laws
& Remedies by Justice Bhagabati Prosad Banerjee...

95. Sion Panvel Tollways Pvt. Ltd. v. State of Maharashtra, 2015 SCC OnLine Bom 4786
[08-09-2015]
Sathe, the respondents have constitutional duty to act in public ... party, is to invoke the remedies J 2
provided under ordinary civil law ...under Article 226 of the Constitutional of India and invoking
its...

96. Pragyasingh Chandrapalsingh Thakur v. State of Maharashtra, 2013 SCC OnLine Bom
1354 [11-10-2013]
J 2
National Investigation Agency ... Petitions raise the issue of constitutional validity of the National
Investigation Agency Act, 2008 (Act 34 of...

97. Sandeep Dwellers Pvt. Ltd. v. Union of India, 2006 SCC OnLine Bom 224 [28-02-2006]
R. 369 upheld the constitutional validity of this amendment ... passing necessity or a temporary J 1
emergency beyond the control of the...

98. The Recent Emergency and the Politics of the Judiciary in Bangladesh, (2009) 2 NUJS
L Rev 183 [15-09-2009]
A
the need for judicial activism during Emergency, the paper will question the efficacy of dominant
legal-constitutional theories of the judicial role...

99. Union of India v. Virendra Prasad, 1986 SCC OnLine Cal 220 [17-12-1986]
National Labour Institute Registered Society ...5. National Council of Safety in Mines ... National J 2
Dock Labour Board (1956) 3 AER 939 and...

100. Dr. Mahesh Vijay Bedekar v. State of Maharashtra, 2016 SCC OnLine Bom 8894 [20-
09-2016]
J 2
Corporation has to discharge its constitutional and legal obligations unfailingly ... used in silence
zone or during night time in residential areas except during a public emergency...
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LEGEND :

A Articles R Rules, Regulations, Orders, Schemes


B Book Indices S Acts, Statutes, Ordinances
D Digest Notes SM Constituent Assembly Debates/Reports of Commissions & Committees
J Judgments T Treaties & Conventions
N Notifications, Circulars, Instructions Numbers Coram
! Overruled

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