Court : Sri Lanka Supreme Court
..... accordingly, it is evident that the petitioners cannot rely on the provisions of article 12(1) of the constitution which guarantees equality and equal protection of the law to compel the university grants commission to act illegally merely because the commission acted illegally on previous occasions with regard to two other students. ..... 384 where the learned judge stated thus:- two wrongs do not make a right, and on proof of the commission of one wrong the equal protection of the law cannot be invoked to obtain relief in the form of an order compelling commission of a second wrong. ..... article 12(1) of the constitution which deals with the right to equality states that "all persons are equal before a law and are entitled to the equal protection of the law". ..... mackie (supra) to hold that article 12(1) of the constitution provides only for the equal protection of law and not for the equal violation of the law. ..... 300 observed that - "...the equal treatment guaranteed by article 12 is equal treatment in the performance of a lawful act. ..... the object of this concept of "right to equality" is to secure every person against any intentional and/or arbitrary discrimination. ..... fundamental to this postulate of equal treatment is that it should be referable to the exercise of a valid right, formulated in law in contradistinction to an illegal right which is invalid in law. .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... of a state statute fair on its face, resulting in unequal application to those who are entitled to be treated alike, is not a denial of equal protection unless there is shown to be present in it an element of intentional or purposeful discretion.? ..... article 12(1) of the constitution deals with the right to equality and states that, all persons are equal before the law and are entitled to the equal protection of the law.? ..... 49) had stated that, it assumes that among equals the laws should be equal and should be equally administered, that like should be treated alike.? ..... what is meant is that equals should be treated equally and similar laws should be applicable to persons, who are similarly circumstanced. ..... in other words unequals cannot be treated equally nor equals be treated unequally. ..... accordingly, the doctrine of equality before the laws would not be applicable to persons, who are not similarly circumstanced. ..... referring to the concept of equality before the law, sir ivor jennings (the law and the constitution, 3rd edition. pg. ..... equality before the law does not mean that all should be treated alike or that the same law should be applicable to all persons. .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... 404), the indian supreme court had reiterated the recognition given to reasonable classification under the right to equality and had stated thus: " the equal protection of the laws guaranteed by article 14 of the constitution does not mean that all the laws must be general in character and universal in application and that the state is no longer to have the power of distinguishing and classifying ..... article 12(1) of the constitution deals with the right to equality and reads as follows:- "all persons are equal before the law and are entitled to the equal protection of the law. ..... this means that the legislature is entitled to make reasonable classification for purposes of legislation and thereafter treat all those who belong to one group equally on the basis that the said group falls into one separate class. ..... what it postulates is that equals should be treated equally and that equality of treatment be given in equal circumstances. ..... in permissible classification mathematical nicety and perfect equality are not required. ..... , as the petitioner had completed her first efficiency bar examination 1 year 7 months and 22 days after the period that was stipulated, the petitioner's 5th increment had to be deferred by an equal period of time. ..... if there is equality and uniformity within each group, the law will not be condemned as discriminatory, though due to some fortuitous circumstances arising out of a peculiar situation some included in a class get an advantage over others, so long as they .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... article 12(1) of the constitution, which deals with the right to equality, reads as follows: all persons are equal before the law and are entitled to the equal protection of the law.? ..... notwithstanding the fact that the two groups not being equals, it is also important to note that by letter dated 21.09.2006 (p11) the secretary for the national salaries and cadre commission had informed to secretary of the ministry of public administration that the supra grade librarians should be ..... in the present application, petitioners main contention was that they were equal to officers in class ii grade ii of slas, but by the introduction of pa circular, no. ..... the objective of this is to treat equals equally and not unequally. ..... however, the nursing officers were never considered as equals or superior to slas officers. ..... the slas as stated earlier is totally a different category and the petitioners and slas officers cannot be treated as equals. ..... article 12(1) of the constitution therefore brings in a guarantee that there shall be no discrimination between one person and another, who are equals. .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... the supreme court whilst referring to the concept of equal protection of the law stipulated in article 12 (1) of the constitution and the inherent ability to consider reasonable classification within the concept of right to equality, had held that the court is not concerned with the motivation for the impugned action, but only ..... (1), which deals with the right to equality has embodied in itself that all are equal before the law and are entitled to the equal protection of the law. ..... on equal protection of the law has brought in a guarantee where persons who are similarly placed under similar circumstances would receive equal treatment and protection of the ..... of the constitution, which refers to the right to equality, reads as follows: " all persons are equal before the law and are entitled to the equal protection of the law. ..... of our constitution therefore had specifically referred to the right of a person to equal treatment as well as that person receiving equal protection of the law. ..... thus recognized no evidence as a violation of article 12 (1) of the constitution, which would infringe the equal protection guaranteed by the constitution. ..... the said guarantee on equal protection of the law clearly emphasises the fact that there should be no discrimination between ..... h refers to the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels, this has been provided under the directive principles of state policy. .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... . article 12(1) of the constitution deals with the right to equality and reads as follows: all persons are equal before the law and are entitled to the equal protection of the law. ..... ? in such circumstances to deprive a person of knowing the reasons for a decision, which affects him would not only be arbitrary, but also a violation of his right to equal protection of the law ..... . 522), unless the citizen can discover the reasoning behind the decision, he may be unable to tell whether it is reviewable or not, and so he may be deprived of the protection of the law ..... in order to achieve the following: a) to promote political education and political, social, economic and cultural morality of the public; b) to defend the peoples sovereignty and the fundamental human rights; c) to promote social, economic and cultural equality and equal opportunities. ..... . 555), from a positivistic point of view, equality is antithetic to arbitrariness ..... . in fact equality and arbitrariness are sworn enemies, one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. ..... ? equality, which could be introduced as a dynamic concept, forbids inequalities, arbitrariness and, unfair decisions .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... the petitioners have succeeded in obtaining leave to proceed with respect to the alleged violation of their fundamental right to equality before the law and equal protection of the law enshrined in article 12(1) of the constitution, and although they had sought from this court various declarations and orders, this court has declined any interim orders and restricted the ..... learned counsel for the petitioners have submitted that such a declaration from this court was necessary to protect and foster the independence of the judiciary and safeguarding the rights and interests of the general public and securing due respect, regard for and adherence to, the rule of ..... that it is only through fair and transparent procedures for the recruitment of competent, independent and impartial judges and equally fair and transparent procedures for the removal of judges that the independence of the judiciary could be protected and fostered and the rule of law established or maintained. ..... there can be no doubt that all responsible citizen of this country, will have a collective interest in protecting and fostering the independence of the judiciary and safeguarding the rights and interests of the general public and securing due respect, regard for and adherence to, the rule of law and the constitution ..... they state that the impeachment process in place in sri lanka is not conducive to the protection and fostering of the independence of the judiciary, which is so essential for the wellbeing of the .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... in the circumstances mentioned above, this court makes order as follows:- (a) the 1st respondent has violated the fundamental right to equality and equal protection of the law as guaranteed to the petitioners by article 12(1) of the constitution, (b) court directs that a proper investigation be conducted by the 2nd respondent and suitable action be taken against the officials ..... in scheduled b above are as follows:- agricultural development authority incorporation order agrarian services act animals act co-operative societies law entertainment tax ordinance fauna and flora protection ordinance flood protection ordinance forest ordinance irrigation ordinance land development ordinance mahaweli development board act mines and minerals law national water supply and drainage board law paddy marketing board act river ..... marked p10 containing the order dated 30th january 1987 made by the relevant minister under section 2(2) of the fauna and flora protection ordinance declaring the area described in the said gazette notification under the heading victoria-randenigala-rantabe sanctuary? ..... from the boundary or within any area declared as a sanctuary under the fauna and flora protection ordinance, without obtaining approval from the relevant project approving agency under and in terms of part ..... deals with directive principles of state policy and fundamental duties in article 27(14) it is stated that the state shall protect preserve and improve the environment for the benefit of the community?. .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... it is in this backdrop that the petitioners allege in their petition that their fundamental right to equality before the law and equal protection of the law enshrined in article 12(1) of the constitution has been violated. ..... the object of the article is to protect from harassment the person holding the high office of the executive head of the state in regard to his acts or omissions either in his official or private capacity during his tenure of the office of president. .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... article 12(1) of the constitution, which speaks of the right to equality, has clearly laid down that, all persons are equal before the law and are entitled to the equal protection of the law.? ..... when all persons are treated as equals, there cannot be any discrimination between two persons. ..... thus, the concept of unequal treatment is based on the premise that equals cannot be treated unequally and that unequals cannot be treated equally. .....
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