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march 1984

Supreme Court of India · 1984-03-21

AJOY KUMAR BANERJEE & ORS. ETC. vs UNION OF INDIA & ORS. ETC.

Citation / case number
SC 1980/63250
Court
Supreme Court of India
Petitioner
AJOY KUMAR BANERJEE & ORS. ETC.
Respondent
UNION OF INDIA & ORS. ETC.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court examined the constitutionality of the General Insurance (Nationalisation) Act, 1972, particularly Section 16, which allows the Central Government to frame schemes affecting employees' rights. The Court held that inclusion of an Act in the Ninth Schedule does not protect orders issued under it from judicial review, and that the 1980 amendment scheme was ultra vires Section 16(2) due to excessive delegation of legislative power. The Court affirmed that piecemeal reforms are permissible, but must not violate fundamental rights under Articles 14 and 19(1)(g).

AJOY KUMAR BANERJEE & ORS. ETC. vs UNION OF INDIA & ORS. ETC. · Niyam