Court : Supreme Court of India
Reported in : AIR1961SC1245; (1961)IILLJ166SC; [1962]1SCR151
..... the constitution) which we have before us where part of the trial could not be challenged as bad and the validity of the other part depends on the question as to whether the accused has been deprived of equal protection in matters of procedure, it is incumbent upon the court to consider, firstly, whether the discriminatory or unequal provisions of law could be separated from the rest of even without them a fair measure ..... 581) : 'does the holding of an enquiry against a public servant under the public servants (inquiries) act, 1850 violate the equal protection clause of the constitution the appellant submits that the government is invested with authority to direct an enquiry in one of two alternative modes and by directing an enquiry under the public servants (inquiries) act which act it ..... is urged that the enquiry held by the tribunal against the appellant and the order consequent upon that enquiry deprived the appellant of the equal protection of the laws and were therefore void as infringing art. ..... dismiss a police officer, out of two alternative modes of enquiry, a mode prejudicial to the appellant having been adopted the proceedings of the tribunal which enquired into the charges against him were void, as the equal protection clause of the constitution was violated; and 3. ..... equal protection of the laws does not postulate equal treatment of all persons without distinction : it merely guarantees the application of the same laws alike and without discrimination to all persons .....
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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(7)SC445; 2007(1)MhLj875; 2006(8)SCALE53; (2006)8SCC520
..... state of west bengal , wherein it was stated as follows:now, it is well settled that the equal protection of the laws guaranteed by article 14 of the constitution does not mean that all 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 persons ..... , then the differentiation which the legislation makes between the class or 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....learned counsel appearing for the state adopted mr. ..... with a view to achieving the objects for which the act was enacted, certain premises, as indicated in section 3 thereof, were exempted from the provisions of the act.the exclusion of certain premises from the protection provided under the act gave rise to litigation in which challenge was thrown by different litigants to the vires of the new act as also section 3(1)(b) there of as being arbitrary and discriminatory and without having any ..... was submitted that banks generally require large spaces for their business activities and if they were excluded from the protection of the act, they would become easy targets for eviction and in the event of their eviction, it would be difficult for them to acquire new premises of equal or similar dimensions in the same vicinity which could even result in the banks having to close down their business .....
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)337; 63(1996)DLT458; 2003(39)DRJ205
..... air 1961 sc 45 had clearly enunciated that the concept of equal protection of laws postulates in the application of the same laws alike and without discrimination to all persons ..... speaks of equality before the law and equal protection of the laws ..... every citizen is equal before the law and he is entitled to equal protection of the laws to persons and .situations of the ..... article 14 guarantees equality before the law and equal protection of the laws against every ..... the guarantee of equal protection of law is available against ..... and another : [1969]3scr865 , the court while interpreting article 14 has mentioned that article 14 of the constitution ensures equality among equals: which is to protect persons similarly placed against discriminatory treatment. ..... enter into advantageous relations with the government because of 'the order of black-listing a citizen has a right to claim equal treatment to enter into a contract which may be proper, necessary and essential to his lawful calling it is true that neither the petitioner nor the respondent has any right to enter into a contract but they are entitled to equal treatment with others who offer tender or quotations for the purchase of the goods'. ..... the principle of reasonableness and rationality which is legally as well as philosophically art essential element of equality or non- arbitrariness is projected by article 14 and it must characterise every state action, whether it be under authority of law or in exercise of executive power without .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR894
..... the english doctrine of the rule of law and the equal protection clause of the 14th amendment to the american federal constitution. ..... wherein the full court has examined in minute detail the ratio of gopalan's case and in certain aspects has differed from the same, taking up the first proposition laid down in gopalan's case that the protection of the guarantee of a fundamental freedom must be adjudged in the light of the object of state action in relation to the individual's right and not upon its influence upon the guarantee of the fundamental freedom and ..... the constitution which is a command to the state provides 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. ..... 'equality before the law is a negative concept implying the absence of any privilege in favour of an individual while the term equal protection of the laws' is a more positive concept implying equality of treatment in equal ..... out that any law to '03 valid under article 21 must satisfy freedoms guaranteed by article 19 arid test of rationality as also equality before law and equal protection of law as guaranteed by article 14. ..... article 14 of the constitution expressly directs that the state shall not deny to any person equality before the law or equal protection of the law. ..... article 14 guarantees equality before law or equal protection of laws within ..... equal protection must mean that there will not be arbitrary discrimination made by the laws .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj158
..... order of the deputy commissioner, customs and excise, jaipur division, is clearly without jurisdiction, and the provisions of section 48 of the matsya ordinance clearly offended against the constitutional provisions of article 14 relating to fundamental rights of equal protection of law and equality before the laws, this court would not be justified in dismissing the application on this ground alone, as even if the suit is filed, the civil court will be bound to refer the case under section 113 ..... in my opinion, section 43 of * the matsya ordinance offends against the fundamental rights of equal protection of laws and equality before the laws enshrined in article 14 of the constitution, and is, therefore, void under article 13. ..... , went to the length of holding that the whole of the act was 'ultra vires' the constitution of india, as it offended against the equal protection of laws guaranteed by article 14 of the constitution.dealing with the case, his lordship mahajan j. ..... to the principles given above, the principle of equality does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstances in the same position, and the varying needs of different classes of persons often require separate treatment, and 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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom65; 2002(2)BomCR300; 2002(2)MhLj305
..... it was held :'when local economic regulation is challenged solely as violating the equal protection clause, this court consistently defers to legislative determinations as to the desirability of particular statutory discriminations ..... been devised which is free from all 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 reviewing fiscal devices'.34. ..... not covered by the legislature would not render the legislation which has been enacted in any manner discriminatory and violative of the fundamental right guaranteed by article 14 unless it is palpably arbitrary or amounts to total denial of equal protection laws, (see sakhawant all v. ..... order to strike a balance between the interests of landlords and tenants and for giving a boost to house building activity and in doing so the legislature in its wisdom has decided and thought it fit not to extend the protection of the rent act to certain class of tenants like multinationals scheduled banks, public sector undertakings and private and public limited companies having share capital of more than rs. ..... it is already seen from the statement of objects and reasons that the object of the act is not merely, to protect tenants but also to provide fair returns to the landlords and to encourage housing activity so as to augment rental housing in the form of construction of buildings and letting them .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR3005; 2004(4)KarLJ531
..... 14 of the constitution enjoins on the state not to deny any person 'equality before the law' and the 'equal protection of the laws' and article 16 declares that there shall be equality of opportunity for all citizens in matters relating to employment or appointment ..... . since the guarantee of equal protection enshrined in article 14 of the constitution embraces the entire realm of 'state action' it would extend not only when an individual is discriminated against in the matter of exercise of its right or in the ..... the judgment held thus:'be that as it may, so long as the petitioners are doing work which is similar to the work performed by respondents 2 to 6 from the standpoint of 'equal work for equal pay' doctrine, the petitioners cannot be discriminated against in regard to pay scales, whether equal work is put in by a candidate selected by a process where at candidates from all parts of the country could have competed or whether they are selected by a process where ..... grievance that the treatment meted out to them by the management is invidious and discriminatory, violative of article 14 postulates and the doctrine of 'equal pay for equal work', raised the issue in conciliation, but the same was withdrawn due to the inability of the conciliation officer to conciliate and settle the ..... flowing from the doctrine of 'equal pay for equal work' has been zealously protected and enforced, as a fundamental right, in effectuating the constitutional goal of equality and social justice, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ901
..... 374 of his constitutional law, weaver, in dealing with discrimination in the administration of the laws, says:discrimination may exist in the administration of the laws & it is the purpose of the equal protection clause to secure all the inhabitants of the state from intentional & arbitrary discrimination arising in their improper or prejudiced execution, as well as by the express terms of the law itself. ..... of the constitution 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.this article appears in part in, ..... hold that there has been no violation of the principle of 'equality before the law' or 'equal protection of the laws' as contemplated by article 11, const. ..... person .is affected is no proof of denial of the equal protection of the laws.thus, it would follow that where the legislature or, as in this case, the executive, for purposes of expediency chooses to confer a power on the executive to transfer a case from one ct, to another & by reason of such transfer out of the right of two appeals the party is given only one such right of appeal, it would not necesaarily be discriminatory offending the principle of equality before the law'. ..... 405, referring to equal protection of the laws, weaver further bays that 'in order to regard an act as amounting to an intentional violation of the essential principle of constitutional equality, minor inequalities or mere errors of judgment by officials .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD513; 2006(2)ALT82
..... 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 favouritism. ..... of india : air2003sc2902 , the supreme court held:-article 14 of the constitution states 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.... ..... 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. ..... (3) 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 ..... the guarantee of equal protection embraces the entire realm of 'state ..... the ground of their being found hiv positive despite the fact that they have fulfilled the physical and other standards prescribed under the rules, is clearly arbitrary and unreasonable and violates the equality clause in articles 14 and 16 of the constitution of india.is denial of public employment, to persons who have tested hiv positive discriminatory?40. ..... it is a pledge of the protection of equal laws, that is, laws that operate alike on all persons under like .....
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