Court : Karnataka
Reported in : ILR1993KAR2117; 1993(3)KarLJ126
..... unreasonable and it can be demonstrated that it denies any persons equality before the law or the equal protection of the law, the said law would offend article 14.49. ..... question which must be examined is, can fair-minded, reasonable, unbiased and resolute men regard that with equanimity and call it reasonable, just and fair, regard it as equal treatment and protection in the defence of liberties which is expected of a sovereign democratic republic in the conditions which are obtained in india today'.this makes it clear that the entire observation ..... arbitrariness found in the law was the same as the denial of 'the equality before law and equal protection of the law', referred to in article 14 of the constitution. ..... ten breck, 'the equal protection of the laws', ..... 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. ..... -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'. 52. ..... , reasonable, un-based and resolute men, who are not swayed by emotion or prejudice, regard this with equanimity and call it reasonable, just and fair, regard it as that equal treatment and protection in the defence of liberties which is expected of a sovereign democratic republic in the conditions which obtain in india today? .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1734
..... operative provisions of the act, for the exercise of the discretionary power vested in government so as to render the impugned section not open to attack as a denial of the equal protection of the laws in our judgment, the provision now impugned belongs to the class numbered (v) in the analysis of the decision on article 14 by das c.j. ..... be borne in mind by the court when it is called upon to adjudge the constitutionality of any particular law challenged on the ground of discrimination and violative of the equal protection of laws, has observed as follows :'...the principle enunciated above has been consistently adopted and applied in subsequent cases. ..... , as a matter of policy, taking into account the request made by the religious and charitable institutions with regard to the problems they are being faced with on account of the act, removes the statutory protection given to the tenants of those institutions, in my view, it cannot be said that the said action of the state, which has resulted in passing of the impugned provision, is either discriminatory, unreasonable ..... on an equal footing and the tenants of the government or local authority or the board cannot, therefore, complain of any denial of equality before the law or of equal protection of the ..... 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. ..... equally need the protection .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP264
..... , then the differentiation which the legislation makes between the class of persons or things to which it applies and other persons or things left outside the purview of the legislation cannot be regarded as a denial of the equal protection of the law, for, if the legislation were all embracing in its scope, no question could arise classification being base on intelligible differentia having a reasonable relation to the legislative purpose. ..... in other words, a statutory discrimination cannot be set aside as the denial of equal protection of the laws if any state of facts may reasonably be conceived to justify ..... contend that all the employees of the university were drawn from the same source and fixing the age of retirement to some at 60 years and to the petitioners at 55 years, is violative of the equality before the law and equal protection of laws clause of article 14 of the constitution. ..... of the equal protection of the laws means the protection of equal laws. ..... 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 ground that it has no application to other ..... deals equally with all of a certain well-defined class it is not obnoxious and it is not open to the charge of a denial of equal protection on the ground that it has no application to other persons, for the class for whom the law has been made is different from other persons, and therefore, there is no discrimination amongst equals. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALT347; [2001]124STC515(AP)
..... it is true that taxation law is no exception to the doctrine of equal protection as held by the apex court in khandige, sham bhat v. ..... state of kerala : [1961]3scr77 ; it must not deny equal protection of the laws as guaranteed under article 14 as held in state of kerala v. ..... and the feed supplements are only added as an option in different quantities depending upon the stages of life of birds or other livestock, it cannot be said that items entry 80 and items in entry 80-a are the same so as to attract equal protection clause embodied in article 14 of the constitution. ..... has yet been devised which is free from discriminatory impact and that in such a complex arena in which no perfect alternatives exist, the court does well not to impose too rigorous a standard of criticism, under the equal protection clause, while reviewing fiscal matters.13. ..... it is not open to the charge of denial of equal protection on the ground that the law does not apply to other persons ..... in other words, say, if an enactment is challenged as violative of article 14, it can be struck down only if it is found that it is violative of the equality clause/equal protection clause enshrined therein. ..... if a law deals equally with members or things of a well-defined class, it is not obnoxious and it is not open to the charge of denial of equal protection or discrimination on the ground that it has no application to other persons and things ..... article 14 guarantees right of equality before the law and equal protection thereunder. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
..... yet been devised which is free from all discriminalory impact and that in such a complex arena in which no perfect alternatives exist, the court docs well not to impose too rigorous a standard of criticism, under the equal protection clause, reviewing fiscal services. ..... decision only on threegrounds (1) where ratio of the earlier decision has been impliedly overruled or whittled down by a subsequent judgment of the superior court or a larger bench of the same court; (2) where it can be said with certainty that a co-equal bench has laid down a law directly contrary to the same and (3) where it can be conclusively said that the judgment of the larger bench was rendered per incuriam, it is nothing but appropriate to refer a full bench ..... not justify reconsideration by a larger bench; (b) where it is unequivocally manifest that the raito of full bench has been impliedly or directly overruled by the superior court or larger bench of the same court, reference could be made: (c) where co-equal bench has laid down law directly contrary to each other, reference could be made: (d) the judgment of a larger bench is rendered, by failing to take note of aclear-cut statutory provision or earlier binding judicial precedent, reference could ..... the question, therefore, is whether the classification made by the proviso to sub-section (1) of section 3-a in the present case satisfies the aforesaid test or it is arbitrary and irrational and hence violative of equal protection clause in article 14. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All484
..... this, being a special provision, may be treated as an exception to article 14 which enjoins that all citizens shall enjoy equality before the law and the equal protection of the laws.but article 310 is neither a special provision nor an exception vis-a-vis part iii.. ..... of article 16, hut on the very next day they may terminate the appointment of the candidates by applying the discriminatory tests prohibited by article 16(2)'.in other words, the learned judge feared that unless the guarantee of equality continues to protect a citizen even after he has become a state employee the state may defeat this guarantee by giving a job with one band and taking it away with the other. ..... , an employee who has been denied equality before the law or the equal protection of the laws can appeal to article 14, and if the state has discriminated against him for motives of religious, bigotry, racialism, casteism, provincialism or on the ground of sex evils expressly banned by article 15 he can invoke the protection of that article.77. ..... are, according to him 'matters' relating to employment and, as the clause guarantees equality of opportunity for all citizens in such 'matters', it means that it is intended to protect the citizen even afer he has entered the service of the state. ..... dwivedi would like the guarantee of equality of opportunity to protect the citizen not only when he is looking for state employment but also throw its protective mantle over him throughout his career of service under the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H148; [1956]29ITR330(P& H)
..... a review of all the authorities therefore shows: (1) that in order that a statute is unconstitutional and contravenes the equal protection clause it must be shown that as a result of that statute the person affected by it will be subjected to a different treatment in the matter of procedure, remedies available and punitory consequences; (2) that it ..... it was held: 'the unlawful administration by state officers of a state statute fair on its face resulting in its unequal application to those who are entitled be treated alike, is not a denial of the equal protection of the law as guaranteed by the fourteenth amendment unless there is shown to be present in it an element of intentional or purposeful discrimination'. ..... depend on the facts and circumstances of each particular case and what may superficially appear to be an unequal application of the law may not necessarily amount to a denial of equal protection of law unless there is shown to be present in it an element of intentional and purposeful discrimination. ..... it was held that it could not be said necessarily to deny the equal protection of the laws merely because such general ordinance had not been enforced against such other companies in the same manner that it was proposed to ..... justice mc-reynolds said: 'the purpose of the equal protection clause of the 14th amendment is to secure every person within the state's jurisdiction against intentional and arbitrary discrimination, whether occasioned by express terms of a statute or by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1
..... the particular executive or quasi-judicial act would, however, be open to challenge as already stated on the ground not so much that it is in violation of the equal protection of the laws guaranteed by article 14, because ex concessis that was not permitted by the statute but on the ground of the same being ultra vires as not being sanctioned or authorized by the ..... obtained for the eviction of a tenant in respect of buildings in areas declared 'slum areas' could not be executed without the permission of the 'competent authority', was held not obnoxious to the equal protection of law on the ground that there was enough guidance to the competent authority in the use of his discretion under section 19(1) of the act. ..... occupants of government properties inter se, that it promoted public welfare and was a beneficial measure of legislation, that it was not unfair or oppressive and that the unauthorised occupant was not denied equal protection of the laws merely because the government had the option of proceeding against him either by way of a suit or under the act. ..... the question which arose for determination was whether this system denied equal protection to employers because it conferred upon the employee a free choice ..... it is not, however, essential for the legislation to comply with the rule as to equal protection, that the rules for the guidance of the designated authority, which is to exercise the power or which is vested with the discretion, should be laid down in express terms .....
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 : Delhi
Reported in : 7(1971)DLT399
..... .'' in rathi raning v state of saurashtra the same learned judge observed as follows :- 'it is a doctrine of american courts.which seems tome to be well founded on prinnciple 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 ..... against this guarantee if it lacks intelligible differentia for the classification made by it but an administrative act done in pursuance of a legislation which is not discrminatory offends the guarantee of equal protection if the act is intended to be discriminatory as distinguished from the inequality resulting from the operation of the statute ..... . in the case of anwar ali: 'it appears to be accpepted doctrine of american courts that the purpose of the equal protection clause is to secure every parson within the states,against arbitrary discrimination, whether occasioned by the express terms of the statute or by their improper application ..... , 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 ;..... .. ..... (9) a clear distinction must be kept in view in the application of the equal protection clause enshrined in article 14 to discriminatory legislation and discrminatory application of a .....
Tag this Judgment!