Case Law Details
In Govt. of India & others v. Indian tobacco Association (2005) 7 SCC 396, the Doctrine of fairness was held a relevant factor to construe a statute conferring a benefit, in the context of it to be given a retrospective operation.
The doctrine of fairness also is now considered to be a relevant factor for construing a statute. In a case of this nature where the effect of a beneficent statute was sought to be extended keeping in view the fact that the benefit was already availed of by the agriculturalists of tobacco in Guntur, it would be highly unfair if the benefit granted to them is taken away, although the same was meant to be extended to them also. For such purposes the statute need not be given retrospective effect by express words but the intent and object of the legislature in relation thereto can be culled out from the background facts.
Supreme Court of India
Appeal (civil) 5196 of 2005
Government of India & Ors.
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GOOD judgement by proper discussion of the case laws referred but duly applied high element of reasoning IN THE MATTER on the principle of fairness.
when we see when creamy layer was struck down by the court, kerala govt passed an Act to case the chief secretary was to be arrested for contempt of court in a case of an IAS officer S being a backward candidate that one need to remember too.
i like the way hon SC very well analyzed the matter, after all the ratios were beautifully analyzed and thus upheld AP HC judgement.So we certainly need the hon SC to settle issues.
Again it is not easy for central govt to re visit as no legislature would permit any withdrawal of beneficial legislation in the said statute too!
Any way time is a better judge on Executive superiority!