Hon’ble Justice A.K. Sikri (CJI, Sikri and Khanwilkar JJ)

In Dattatraya Govind Mahajan v. State of Maharashtra, (1977) 2 SCC 548, Spirit of our Constitution was explained thus:

“Once we grasp Dharma of the Constitution, new orientation of the Karma of Adjudication becomes clear. Our Founding Fathers, aware of our Social Realities, forged our Fighting Faith… while contemplating meaning of Articles of Organic Law, Supreme Court shall not disown Social Justice.”

Judgments of A.N. Ray, CJ, M.H. Beg, P.N. Bhagwati and P.N. Shinghal JJ were delivered by Bhagwati J. V.R. Krishna Iyer J had a separate decision.

Ray’s last 3 appointees came during Emergency. The first was P.N. Shingal, sworn in on 11, June 1975 at age 60. According to Ray, ‘He was very Senior and was Rajasthan Chief Justice. I had met him in Rajasthan… was very impressed. Court needed a Rajasthan representative.’

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Hon’ble Justice Dr. D.Y. Chandrachud

“Justice HR Khanna held, Rule of Law meant ‘Supremacy of the Constitution and Laws as opposed to Arbitrariness’ [(1973) 4 SCC 225; Paragraph 1529]. In Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1 Chief Justice A.N. Ray held, Rule of Law to be the Basis of Democracy.”

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The legal maxim “expressio unius est exclusio alterius” finds absolutely no application to instant case, as applying same would render an interpretation contrary to intent resulting in an unreasonable and unjust classification. The aforesaid maxim is not one of universal and absolute application. Before said principle can be applied, Court must discern whether a natural interpretation flows from a reading as a whole which in instant case is possible.

– Hon’ble Justice M.M. Sundresh, Md. Firoz Ahmad Khalid v. State on Manipur, [Civil Appeal No. 3797 of 2025] decided on 22.04.2025.