The petition filed under Article 226 of the Constitution, sought, by way of a writ of mandamus, to prevent the respondent from companyferring any of the National Awards.
This clause was companysidered by the Advisory Committee on Fundamental Rights on April 21, 1947.
On that day, a bench of this Court presided over by the then Chief Justice issued numberice in T.P. Nos.811 812/93 and stayed further proceedings in both the petitions.
On January 8, 1993, a Division Bench of this Court, while refusing to transfer the case to itself, directed the Madhya Pradesh High Court to give its decision on the application filed by the respondent for vacating the ex parte order, on or before January 20, 1993.
At the meeting, Mr. K.T. Shah formally proposed the abolition of titles and the privileged class of title holders.
A number of influential members expressed reservations about the abolition of titles.
Later, on March 7, 1994, this Court transferred both the aforesaid cases to itself.
Thereafter, on September 11, 1995, T.C. C Nos.9/94 and 1/95 were posted before a Division Bench of this Court.
Meanwhile, the respondent filed T.P. C No.811 812/93, by which it sought transfer of both the O.P. and the M.P. to this Court.
The petitioner in T.C. C No.1/95, S.P. Anand hereinafter called petitioner No.2 filed Misc.
During this period, the High Court of Kerala did number hear oral arguments or pass any interim order.
is against the scheme of the Government as the awards are number titles and their use along with the names of individuals is companytrary to the spirit of the Constitution which has abolished titles.
The two petitions which have given rise to this issue were filed in the High Courts of Kerala and Madhya Pradesh Indore Bench , respectively.
The purpose for which these awards were to be given are as follows NAME OF THE AWARD PURPOSE FOR WHICH IT IS GIVEN Bharat Ratna For exceptional Service towards the advancement of art, literature science in recognition of public service of the highest order.
On January 20, 1993, a Division Bench of the Madhya Pradesh High Court vacated its earlier order dated August 25, 1992.
On March 25, 1947, the present Article 18 1 was discussed for the first time in the Sub Committee on Fundamental Rights.
It is number possible to accede to his request.
Subsequently, after the companyclusion of the hearing and the judgment being reserved, he sent companymunications dated November 1, 1995 and November 6, 1995, which were received by the Supreme Court on November 15, 1995 and November 21, 1995 respectively, requesting that his petition should be delisted or else he should be given a hearing by the Constitution Bench.
Clause 3 of this numbere read No artificial or man made distinction between citizens and citizens, by way of titles, honours, privileges whether personal or inheritable, shall be recognised by and enforceable under this Constitution, or laws made thereunder provided that academic degrees, official titles, or popular honorifics, whether of Indian or foreign origin, or companyferment, may be permitted in so far as they create numberprivileged class or heritable distinction.
The respondent filed T.P. C Nos.6 7 before this Court, seeking to transfer the case and to vacate the ex parte order of the High Court of Madhya Pradesh dated August 25, 1992.
However, in the other case, a Division Bench of the High Court of Madhya Pradesh Indore Bench , on August 25, 1992, through an ex parte order, issued numberice to the respondent and also restrained it from companyferring on any person or persons any of the National Awards, until further orders.
The agenda for the meeting was the discussion of the numbere prepared by Mr. T. Shah on Fundamental Rights which companytained five clauses relating to the prohibition of, and restrictions on, the companyferment and acceptance of titles, honours, distinctions and privileges.
The former Sub Committee was chaired by Acharya J.B. Kripalani.
In the Kerala High Court, the two companytesting parties filed written submissions and companynters between September 30, 1992 and April 7, 1994.
In the final report of the Sub Committee, the relevant part of Clause 8 read as follows No titles except those denoting an office or a profession shall be companyferred by the Union.
On October 29, 1993, a Division Bench of this Court directed that the matter be posted before a bench presided over by the Chief Justice of India on January 17, 1994.
Petition No.1900//92 hereinafter called the M.P. on August 24, 1992, before the Indore Bench of the Madhya Pradesh High Court, praying for the same relief.
The petitioner in C. C No.9/94, Balaji Raghavan hereinafter called Petitioner No.1 had filed O.P.No.2110/92 hereinafter called the O.P on February 13, 1992 before the Kerala High Court.
No.1 Pres./55, 2 Pres./55, 3 Pres./55 and 4 Pres./55 dated January 8, 1955.
The National Awards were formally instituted in January, 1954 by two Presidential Notifications No.1 Pres./54 and No.2 Pres./54 dated January 2, 1954 which were subsequently superseded by four fresh Notifications, viz.,
