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 : 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 : Supreme Court of India
Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476
..... second 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 of favourtism. ..... process would inevitably end in substituting the doctrine of classification for the doctrine of equality: the fundamental right to equality before the law and equal protection of the laws may be replaced by the overworked methodology of classification. ..... article provides:the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india.61. ..... power, 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. ..... 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 precise ..... [1974]3scr760 placed the same accent from the angle of under-inclusion:the equal protection of the laws is a pledge of the protection of equal laws. ..... remained of the trial after the constitution came into force was held not to deviate from the normal standard in material respects so as to amount to a denial of the equal protection of laws within the meaning of article 14.70. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1952]1SCR889
..... amendments the impugned act has been removed from the operation of the provisions of part iii of the constitution including article 14 and that the respondents cannot, therefore complain of the breach of the equal protection of the laws under article 14 which was the only ground on which the respondents succeeded in the high court. ..... list ii it is the duty of the state legislature to make a law also with respect to matters specified in entry 42 in list iii on the principle that as entry 42 in list iii confers a power on the legislature for the protection of the interest of persons whose property is compulsorily acquired, such power must, therefore, be regarded as coupled with a duty to exercise it. no authority has been brought to our notice establishing or even suggesting that the principle laid ..... , for on reason or another repelled all the main contentions of the proprietors but held that the act was unconstitutional in that it denied to the proprietors equal protection of the laws guaranteed by article 14 of the constitution. ..... . das's contentions were correct, a law for the promotion of health or the prevention of danger to life or property involving the acquisition of property without a provision for compensation, which is what is sought to be protected from article 31(2), can never be made, for the obligation to provide for compensation is, according to him, implicit in entry 36 in list ii, by itself or read with entry 42 in list iii, and there is no other entry under which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1125; 1960CriLJ1504; [1961]1SCR14
..... of the 14th amendment of the constitution of the united states of america, and it may reasonably be assumed that our constituent assembly when it enshrined the guarantee of equal protection of the laws in our constitution, was aware of its content delimited by judicial interpretation in the united states of america. ..... the former declares that every one is equal before law, that no one can claim special privileges and that all classes are equally subjected to the ordinary law of the land; the latter postulates an equal protection of all alike in the same situation and under like ..... 14 of the constitution reads : 'the state shall not deny to any person equality before the law or equal protection of the laws within the territories of india.' 27. ..... persons in custody, by this distinction deprived of 'equality before the law, or the equal protection of the laws' within the meaning of art. ..... the english doctrine of the rule of law and the equal protection clause of the 14th amendment to the american federal constitution which enjoins that no state shall 'deny to any person within its jurisdiction the equal protection of the laws'. ..... often been said in considering whether there has been a denial of the equal protection of the laws, a doctrinaire approach is to be avoided. ..... it is argued that there is denial of equal protection of the law, because if the statement were made before custody began, it would ..... dealing with the content of the guarantee of the equal protection of the laws, hughes, c.j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC820; (1980)2SCC768; [1980]2SCR831
..... sake of a province, wholesale banishment of proven ability to open up, hopefully, some dalit talent, total sacrifice of excellence at the altar of equalisation-when the constitution man dates for every one equality before and equal protection of the law-may be fatal folly, self-defeating educational technology and anti-national if made a routine rule of state policy. ..... 'equal protection of the laws' for full growth is guaranteed, apart from 'equality before ..... to equal protection and non ..... and stresses how it deserves, for its solution, serious and sensitive judicial and administrative statesmanship enlivened by legal fundamentals, since the crucial issue springs from the pervasive and protective tendency for institutional reservation of post-graduate seats, which, if left uncanalised and indulged in excess, may well imperil the integrated status of higher national education and make a mockery ..... and, on the contrary, elitist exaggeration of 'national' considerations and personal merit, where local protection is essential for the humbler people's interests, has a depressing repercussion if pushed beyond a point-an aspect which expert policy-makers sometimes overlook ..... the dialectic of constitutional protection in the dynamic context of equality in a developing country has been presented by us at some repetitive length so that the voyage of re-thinking ..... protective discrimination promotional of equalisation is pleaded, is on the party who seeks to justify the ex facie deviation from equality .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1300; [1974(29)FLR97]; 1974LabIC841; (1974)4SCC656; [1974]3SCR760
..... . for example, a statute requiring licensing of all doctors except those from a certain school could be found to deny equal protection, but a court should be hesitant to choose invalidation of licensing as an appropriate remedy ..... . the supreme court found that the statutory classification denied equal protection and remanded the case to the state court to determine whether the sterilization provisions should be either invalidated or made to cover all habitual criminals ..... the prominence given to the equal protection clause in many modern opinions and decisions in america all show that the court feels less constrained to give judicial deference to legislative judgment in the field of human and civil rights than in that of economic regulation and that it is making a vigorous use of the equal protection clause to strike down legislative action in the area of fundamental human rights see 'developments-equal protection' 82 harv. ..... the equal protection of the laws is a pledge of the protection of equal laws. ..... , that exact wisdom and nice adaptation of remedies cannot be required, that judgment is largely a prophecy based on meagre and uninterrupted experience, should stand as reminder that in this area the court does not take the equal protection requirement in a pedagogic manner (supra).67. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
..... corporation, it would afford some indication of the corporation being impregnated with governmental character; (3) it must also be relevant factor whether the corporation enjoys monopoly status which is state conferred or state protected; (4) existence of deep and pervasive state control may afford an indication that the corporation is a state agency or instrumentality; (5) if the functions of the corporation are of public importance and ..... iii and iv for a democratic way of life to every one in bharat republic, the state under article 38 is enjoined strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political shall inform all the institutions of the national life and to minimise the inequalities in income and ..... measures encompasses lawfully resident aliens as well as citizen of the united states and both citizen and alien are entitled to the equal protection of the laws of the state in which they reside. ..... offices, right to seek consideration for appointment to an office or post; right to life and right to equality which would amplify the roots of socialism in democratic form of government; right to equality of status and of opportunity, right to equal access to public places and right to prohibition of discrimination read with right to freedom, protective discrimination, abolition of untouchability, its practices in any form a constitutional offence, as guaranteed in part iii & .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1325
..... has also pointed out in furman's case (supra) that 'there is increasing recognition of the fact that the basic theme of equal protection is implicit in 'cruel and unusual' punishment a penalty...should be considered 'unusually' imposed, if it is administered arbitrarily or discriminatory' and thus brought in the equal protection clause for invalidating the death penalty ..... states relied upon the eighth amendment which prohibits cruel and unusual treatment or punishment and we have no such express prohibition in our constitution, but this court has held in francis mullen's case (supra) that protection against torture or cruel and inhuman treatment or punishment is implicit in the guarantee of article 21 and therefore even on the basis of the reasoning in these three american decisions, the principle of proportionality would have relevance under ..... . there can be no equal protection without equal principles in exercise of ..... from the foregoing discussion, has in fact happened and in such a situation, unregulated and unprincipled sentencing discretion in a highly sensitive area involving a question of life and death would clearly be arbitrary and hence violative of the equal protection clause contained in article 14 ..... men like dickens, tolstoy, dostoyevsky, koestter and camus or from the investigations of social scientists or moral philosophers in deciding the circumstances in which and the reasons why the death penalty could be seen as arbitrary or a denial of equal protection. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)221; JT1996(4)SC555; 1996(4)SCALE14; (1996)10SCC104; [1996]Supp1SCR825
..... and the court had stated that 'morey was the only case in the last half century to invalidate a wholly economic regulation solely on equal protection and now we are satisfied that the decision was erroneous'.38. ..... shall, after considering the following matters, indicate its recommendations to the central government, namely:-(a) the existing level of usage of jute material;(b) the quantity of raw jute available;(c) the quantity of jute material available;(d) the protection of interest of persons engaged in the jute industry and in the production of raw jute;(e) the need for continued maintenance of jute industry;(f) the quantity of commodities which, in its opinion, is likely to be required for packing ..... of the constitution is a shining star among the fundamental rights which guarantees equality to every citizen and equal protection of laws to all persons. ..... ' the concept of equality and equal protection of law guaranteed by article 14 of the constitution in its proper spectrum encompasses social and economic justice in a political democracy as its species to eliminate inequalities in status and to provide facilities and opportunities among the individual ..... to iron out such creases and ensures equality of protection to individuals as well as group liberties. ..... equal protection in article 14, therefore, requires affirmative action by the state to those unequals by providing ..... equally, the competing right to carry on trade or business guaranteed to a citizen or person is also to be protected .....
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