Justice Vivian Bose while dealing with the
incipient constitution in the case of State of West
Bengal v. Anwar Ali Sarkar AIR 1952 SC 75 made an observation
which is very pertinent to be quoted herein, which
reads thus:
“90. I find it impossible to read these
portions of the Constitution without regard
to the background out of which they arose. I
cannot blot out their history and omit from
consideration the brooding spirit of the
times. They are not just dull, lifeless words
static and hide-bound as in some mummi-fied
manuscript, but, living flames intended to
give life to a great nation and order its
being, tongues of dynamic fire, potent to
mould the future as well as guide the
present. The Constitution must, in my
judgment, be left elastic enough to meet from
time to time the altering conditions of a
changing world with its shifting emphasis and
differing needs. I feel therefore that in
each case judges must look straight into the
heart of things and regard the facts of each
case concretely much as a jury would do; and
yet, not quite as a jury, for we are
considering here a matter of law and not just
one of fact: Do these “laws” which have been
called in question offend a still greater law
before which even they must bow? ”
(emphasis laid by this Court)
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 2295-2296 OF 2010
Adambhai Sulemanbhai Ajmeri & Ors. …Appellants
Versus
State of Gujarat ...Respondent
WITH
CRIMINAL APPEAL NO. 45 OF 2011
Dated 16 May 2014
Read full judgment here;https://drive.google.com/file/d/0B5vWGtQ14k1Bei1lX3p0SmdBTFU/edit?usp=sharing - See more at: http://www.lawweb.in/#sthash.FSmoChvJ.dpuf
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