Court : Allahabad
Reported in : AIR1954All257
..... the first part reiterates, as has been said, the 'basic principles of republicanism' while the second, part guarantees 'equal protection' to all citizens in the enjoyment of their rights and liberties without favouritism or discrimination.there have been a good many decisions of the supreme court as to the scope of article 14 of the ..... they expressed the view that the state could not engage in business or commerce denying equality before the jaw or equal protection of the laws to other persons as against itself.the reason behind this view appears to me to have been that under section 42(3) (a) there was a clear discrimination between the state and the individuals in the same field ..... it was argued that there was under the impugned act no equality before the law or the equal protection of the laws to people who wished to carry on the business of transporting passengers by motor ..... contended on behalf of the petitioners that the impugned legislation was discriminatory and it infringed the provisions of article 14 of the constitution.article 14 of the constitution is in these words:'the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india',36. ..... this power in some degree was likely to produce some inequality but if the law dealt with the liberties of a number of well defined classes then the law was not open to the charge of denial of equal protection on the ground that it had no application to other persons. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All520; 1956CriLJ1031
..... his submission is that in giving such arbitrary powers to the public analyst in making out a certificate which may to all intents and purposes be erroneous, the section denies the accused the equal protection of the laws and it further takes away the right to practice his profession of the sale of pure ghee which would inevitably be the result if the conviction of the applicant is allowed to be based upon such ..... state of saurashtra : 1952crilj805 , the same learned judge again, at page 131, observed as follows:'it is a doctrine of the american courts, which seems to me to be well founded on principle, that the equal protection clause can be invoked not merely where discrimination appears on the express terms of the statute itself, but also when it is the result of improper or prejudiced execution of the law: vide weaver on constitutional law ..... the 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 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 .....
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 : AIR1963SC222; [1963]2SCR353
..... 989 relied on the judgment of the court below in support of the above position, a law of the state of missouri was assailed as violative of the guarantee of equal protection of laws under the fourteenth amendment in that it provided for appeals against judgments by courts in some parts of the state to one court and in others to another court ..... that 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 doctrine of classification. 53. ..... the former declares that every one 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 circumstances ..... 14 reads : 'the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india.' 50. ..... it is also well-settled that the guarantee of equal protection applies against substantive as well as procedural laws. ..... 14 of the constitution not only guarantees equal protection as regards substantive laws but procedural laws as well ..... pradesh state was liable to pay sales tax on building materials used in works contracts a resident of the former state of madhya pradesh was not under a similar liability and this was assailed as offending the equal protection clause under art. 14. .....
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 : AIR1974SC1631; 1974LabIC1103; (1976)IILLJ115SC; (1975)3SCC76; [1975]1SCR449
..... 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 14 ensures to every person equality before law and equal protection of the laws and article 16 lays down that there shall be equality of opportunity for all citizens in matters plating to employment or appointment to any ..... of service in regard to substantive pay of permanent and temporary employees, special pay, leave rules, pension, provident fund and dearness allowances applicable to personnel affected by the reorganisation immediately prior to the appointed day should be protected, but so far as conditions of service in regard to travelling allowance, discipline, control, classification, appeal, conduct, probation and departmental promotion were concerned, paragraph 3 of the memorandum stated that the decision of the central ..... equal protection of the laws is a 'pledge of the protection of equal ..... our approach to the equal protection clause must, therefore, be guided by the words of caution uttered ..... of equal protection of the laws and the doctrine of classification is only a subsidiary rule evolved by courts to give a practical content to that guarantee by accommodating it with the practical needs of the society and it should not be allowed to submerge and drown the precious guarantee of equality. ..... ('the equal protection of the laws', 37 california .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)
..... that exact wisdom and nice adaption of remedies cannot be required that judgment is largely a prophecy based on meagre and uninterpreted experience, should stand as reminder that in this area the court does not take the equal protection requirement in a pedagogic manner (see joseph tussman and jacobus ten breck, 'the ..... thejprominence given to the equal protection clause in many modern opinions and decision 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 case of the equal protection clause to strike down legislative action in the area of fundamental human rights (see 'developments-equal protection' 82, harv.land rev ..... rottschaefer said in his constitutional law at page 668 : 'a statute providing for the assessment of one type of intangible at its actual value while other intangibles are assessed at their face value does not deny equal protection even when both are subject to the same rate of tax. ..... principle which the courts have to bear in mind while considering such a challenge to the denied of equality before law or equal protection of law particularly are also well-settled. ..... it is equally true that a state cannot make any law which takes away or abridges the equally clause contained in article 14 which enjoins a state not to deny to any person equality before law or equal protection of law (see khandige sham bhatt .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj38; (1961)2GLR38
..... however, found it difficult to sustain this argument and frankly stated to the court that if the action of the state offended against the equal protection clause, it could not be saved by resort to the directive principles of state policy. ..... the unlawful administration of a statute by the executive may result in its unequal application to those who are entitled to be treated alike but that does not amount to a denial of the equal protection clause unless there is shown to be present in it an element of intentional or purposeful discrimination. ..... it is, therefore, clear that the fundamental right guaranteed by the equal protection clause is available not only against legislative action but is also available ..... article is that 'the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india'. ..... as observed by weaver on constitutional law 'the equal protection clause can be invoked not merely where discrimination appears on the express terms of the statute itself, but also when it is the result of improper or prejudiced ..... such an action on the part of the state offends the equal protection clause contained in article 14 of the constitution. ..... as the guarantee implied in the equal protection clause applies to all persons similarly situated, it is certainly open to the legislature to classify persons and filings to achieve particular legislative objects but such selection or differentiation must not be arbitrary and should .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2516
..... till date, if the legislative body takes care to reasonably classify persons for legislative purpose and if it deals equally with all persons belonging to 'a well-defined class', it is not open to challenge in the guise of denial of equality or equal protection of law contending that the law does not apply to persons after the cut-off date. ..... in the event of challenge against the legislative action of a legislature on the basis of equality and equal protection, the question for determination is not whether it has resulted in inequality, but whether there is some difference which bears just and reasonable relation to the purpose and object of the legislation ..... needless to reiterate that mere differentia or inequality treatment, ipso facto, does not amount to discrimination within inhibition of equal protection doctrine as provided in article 14 of the constitution of india. ..... if a legislation deals equally with members of a well-defined class, it is not prohibited or obnoxious and it is not open to the charge of denial of equal protection or breach of equality on the ground that it has no application to other persons ..... the doctrine of equality before law and equal protection of law as enshrined in article 14, positive separate treatment or reasonable classification is ..... , the constitution ensures equality before law and equal protection of law. ..... although, equal protection permits classification of persons, explicit prohibition against discrimination on the ground of religion or caste, .....
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