Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws,' undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty or arbitrary spoliation of property but that equal protection & security should be given to all under me circumstances in the enjoyment of their personal & civil rights; that all persons should be equally entitled to pursue their happiness & acquire & enjoy property; that they should have ..... partial, & discriminatory legislation, which secures this right to some favoured class or classes & denies it to others, who are thus excluded from that equal protection designed to be secured by the general law of the land, is in clear & manifest opposition to the letter & spirit of the foregoing constitutional ..... article 14 lays down that the state shall not deny to any person equality before the law of the equal protection of the laws', & article 21 provides that 'no person shall be deprived of his life or personal liberty except according to procedure ..... point it has to be observed that there is a vital change in the powers of the legislature as under the constitution 'the state shall not deny any person equality before the law or the equal protection of the laws within the territory of india,' as is clear by article 14. ..... is said in an american case, 'the constitutional command for a state to afford equal protection of the law sets, a goal not attainable by the invention & application of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ1333
..... for petitioners while citing some american cases to which i will present]; refer argued that those cases were based on the 14th amendment of the american constitution which dealt with the equal protection of laws and the due process clauses and the cases which deal with 'due process' have no bearing because it stead of 'due process clause' our constitution ha ..... to exercise those powers incorrectly the supervisory power of the high court under article 227 of the constitution is there to correct it, section 3 of the regulation, therefore, does not offend the guarantee of the equal protection of the laws it is then argued that by use of 'any' in the section an ineqality is likely to be created, were the chief minister to direct trial of summons cases by the tribunal ..... permitted by the hyderabad criminal procedure code for sessions case, and which is very much disadvantageous to the accused; the form of trial is inconsistent with the right of equality before the law or the equal protection of laws contained in article 14, of the constitution of india, and the entire regulation is, therefore, void under article 13(1) of the constitution ..... . comparing this with article 14 : 'the state shall not deny to any person the equal protection of the laws within the territory of india', two things are clear : one is the presence of the words 'the equal protection of the laws' in both the provisions and the other is, having regard to the definition of state contained in article 12, the wider scope .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC75; 1952CriLJ510; [1952]1SCR284
..... have been cited before us on behalf of both parties in course of the arguments; and while a too rigid adherence to the views expressed by the judges of the supreme court of america while dealing with the equal protection clause in their own constitution may not be necessary or desirable for the purpose of determining the true meaning and scope of article 14 of the indian constitution, it cannot be denied that the general principles enunciated in many ..... of his compendious book on constitutional law under the heading of 'discrimination in the administration of the laws' :- 'discrimination may exist in the administration of the laws and it is the purpose of the equal protection clause to secure all the inhabitants of the state from intentional and arbitrary discrimination arising in their improper or prejudiced execution, as well by the express terms of the law itself. ..... position, therefore, is that when the statute is not itself discriminatory and the charge of violation of equal protection is only against the official, who is entrusted with the duty of carrying it into operation, the equal protection clause could be availed of in such cases; but the officer would have a good defence if he ..... the argument that changes in procedural law are not material and cannot be said to deny equality before the law or the equal protection of the laws so long as the substantive law remains unchanged or that only the fundamental rights referred to in articles 20 to 22 should be safeguarded is, on .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad147; (1951)IMLJ628
..... fourteenth amendment in declaring that no state 'shall deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws', undoubtedly intended, not only that there should be no arbitrary deprivation of life or liberty or arbitrary spoliation of property but that equal protection & security should be given to all under like circumstances in the enjoyment of their personal & civil rights; that all persons should ..... a classification having some reasonable basis does not offend the rule of 'equal protection of the laws' merely because it is not made with mathematical, logical or scientific accuracy or because practice & actual working it ..... laws' like the american decisions interpreting it mix up the two concepts of 'equal protection of the laws' & 'due process of law' both of which find a place in one sentence in section 1 of the 14th amendment :'no state shall make or enforce any law which shall abridge the privileges or immunities of ..... nambiar, raised a further contention that the act offends the guarantee of equal protection of laws under article 14 as section 17 (3), criminal law amendment act, makes the offence under section 17 (1) non-bailable notwithstanding anything contained in ..... 'the state has the undoubted authority notwithstanding the formula of the 'equal protection of the laws' the power to classify the subjects of legislation based on particular objects or to classify persons to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC41; (1951)53BOMLR499; [1951]21CompCas33(SC); [1950]1SCR869
..... under the general law for reasons not particularly and specially applicable to him or them but also applicable to other shareholders of other companies, such law surely offends against article 14 and any one so denied the equal protection of law may legitimately complain of the infringement of his fundamental right and is entitled as of right to approach this court under article 32 to enforce his own fundamental right under article 14, irrespective of whether any other person ..... '. the inhibition of the article that the state shall not deny to any person equality before the law or the equal protection of the laws was designed to protect all persons against legislative discrimination amongst equals and to prevent any person or class of persons from being singled out as a special subject for discriminating and hostile ..... positions. the varying needs of different classes of persons often require separate treatment and it is, therefore, established by judicial decisions that the equal protection clause of the fourteenth amendment of the american constitution does not take away from the state the power to classify persons for legislative ..... principle. if this petitioner has, by the ordinance or the act, been discriminated against and denied equal protection of the law, his fundamental right has been infringed and his right to approach this court for redress cannot be made dependent on the readiness or willingness of other shareholders whose rights have also been infringed .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad120; (1950)IIMLJ404
..... notwithstanding the civil war as a result of which negroes were freed from slavery, & the enactment of the 14th amendment guaranteeing to all persons the equal protection of the laws, & the 15th amendment giving the right to vote to all citizens irrespective of colour, discrimination against negroes & citizens of asiatic origin, direct or indirect, open or covert, 'simple or sophisticated', has been a persistent feature of state ..... 68, 71.class legislation or administrative action discriminating in substance & in effect though not in form, against some citizens & favouring others, is unconstitutional as violating the guarantee of equal protection of the laws given to all persons by section 1 of the 14th amendment, corresponding to article 14 of our constitution. ..... the clause in the fourteenth amendment to the united states constitution which provides for the equal protection of the laws has been always interpreted as a provision for preventing the enforcement of discriminatory measures. ..... it was held by that court, that there was a denial of the equal protection of the laws to the appct & that the refusal was improper. ..... the state must provide it for her in conformity with the equal protection clause of the fourteenth amendment & provide it as soon as it does for appets. ..... certain decisions of the supreme court of america construing the phrase 'the equal protection of the laws' were cited to us, but learned counsel for petnra. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad326; (1953)IMLJ306
..... the supreme court held that the prohibition contained in the aforesaid section against interference by injunction between employers and employees in cases growing out of a dispute concerning terms or conditions of employment denies equal protection of the laws when applied to defeat injunctive reliefs which under the local statutes would have been proper had the controversy been any other than between employers and former employees. ..... amendment, in declaring that no state shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws, undoubtedly intended, not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights; that all persons should ..... of the ordinances as adopted, they are applied by the public authorities charged with their administration, and thus representing the state itself, with a mind so unequal and oppressive as to amount to a practical denial by the state of that equal protection of the laws which is secured to the petitioners, as to all other persons, by the broad and benign provisions of the fourteenth amendment to the constitution of the united states. .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)102BOMLR390
..... well settled, and we will refer to a few decisions in that behalf, that if a law deals equally with members of a well defined class, it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it has no application to other persons outside that class. ..... page 349 of the report, the apex court observed that equality before the law or the equal protection of laws did not mean identity or abstract symmetry of ..... make a distinction between criminals or persons having criminal background as against other law abiding persons are hit by the mandate of article 14, which reads as under:-the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india.45. ..... it is well settled that since the guarantee of equal protection embraces the entire realm of state action; it would extend not only when an individual is discriminated against in the matter of imposing liabilities upon him but also in the matter of ..... not find anything in guideline 4 which would violate the guarantee of equal protection of law enshrined under article 14. ..... if a law deals equally with members of a well defined class, it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it has no application to ..... state of arunachal pradesh that the apex court observed that our country was governed by rule of law and every person was entitled to equality before law and equal protection of laws. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... the expressions 'discriminatory' and 'hostile' are found to be used by american judges often simultaneously and almost as synonymous expressions in connection with discussions on the equal protection clause.if a legislation is discriminatory and discriminates one person or class of persons against others similarly situated and denies to the former the privileges that are enjoyed by the latter, it cannot but he regarded as 'hostile' in ..... part, which is a corollary of the first and is based on the last clause of the first section of the fourteenth amendment of the american constitution, enjoins that equal protection shall be secured to all such persons in the enjoyment of their rights and liberties without discrimination or favouritism. ..... enjoins upon the state not to deny to any person 'equality before the law' or 'the equal protection of the laws' within the territory of india. ..... , no doubt, in some degree is likely to produce some inequality; but if a law deals with the liberties of a number of well-defined classes, it is not open to the charge of denial of equal protection on the ground that it has no application to other persons. ..... most constitutions speak of either 'equality before the law' or 'the equal protection of the laws', but very few ..... the constitutional command to the state to afford equal protection of its laws sets a goal not attainable by the invention and application of a ..... held by the supreme court that the equal protection clause was not violated by this provision. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... certain individuals or corporations to hostile or discriminating legislation.the above principles will have to be constantly borne in mind by the court when it is called upon to adjudge the constitutionality of any particular law attacked as discriminatory and violative of the equal protection of the laws.a close perusal of the decisions of this court in which the above principles have been enunciated and applied by this court will also show that a statute which may come up for consideration on a question ..... otherwise also, what is guaranteed by article 14 of the constitution is equality before law and equal protection of laws and the prohibition is against unreasonable classification. ..... resources of the community be so distributed as best to subserve the common good; that the economic system should not result in the concentration of wealth and the means of production to the common detriment; that there should be equal pay for equal work for both men and women; that the state should endeavour to secure the health and strength of workers, men and women, and to ensure that the tender age of children is not abused ..... equality before law is a negative concept and equal protection of laws is a positive one. ..... mere differentiation or inequality of treatment does not, perse, amount to discrimination within the inhibition of the equal protection clause. ..... equal protection is ensured to all alike in the same situation and under like circumstance. .....
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