Court : Supreme Court of India
..... criminal laws in modern times thus, as the strongest expression of the state s power must ensure that they do not deny equality before the law and the equal protection of laws .18 criminal laws must not endorse colonial or pre-colonial philosophy ..... . 13 in a post-constitutional society, the law must take affirmative steps to achieve equal protection of law to all its citizens .19 any discussion on the constitution must therefore take a conscious view of the lived realities ..... contours of article 14 25 article 14 guarantees 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 ..... court concluded that discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under our constitution ..... it ignores is that article 14 contains a powerful statement of values of the substance of equality before the law and the equal protection of ..... kt thomas, speaking for the court, held that a directive from the court under the authority of law to subject a convicted person (who was sentenced to rigorous imprisonment) to compulsory manual labour gets legal protection under the exemption provided in clause (2) of article 23 of the constitution, as it serves a public purpose of reforming the convict and rehabilitating them in future with savings earned from such .....
Tag this Judgment!Court : Supreme Court of India
..... (who again formed a part of the majority) in the said judgment, which read thus: it must be admitted that the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of india in spite of differences of ..... permissible for the legislature to single out an individual or class and to punish him or it for some delinquency which may equally be found in other individuals or classes and to leave out the other individuals or classes from the ambit of the law the prohibition of the denial of equal protection of the laws would only be a meaningless and barren form of words. ..... ) the legislature undoubtedly has a wide field of choice in determining and classifying the subject of its laws, and if the law deals alike with all of a certain class, it is normally not obnoxious to the charge of denial of equal protection; but the classification should never be arbitrary. ..... by the supreme court of america, equal protection of laws is a pledge of the protection of equal laws [yick wo v. ..... therefore, the attack on the legislation on the ground of the denial of equal protection of law cannot succeed. ..... therefore, the attack on the legislation on the ground of the denial of equal protection of law cannot succeed. ..... that his lordship rejected the arguments that the legislation relating to one individual or one family or one body corporate would violate the guarantee of the equal 26 protection rule. .....
Tag this Judgment!Court : Supreme Court of India
..... . 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 the ..... giving the directions on 16-2-1984 this court had also unintentionally caused the appellant the denial of rights under article 14 of the constitution by denying him the equal protection of law by being singled out for a special procedure not provided for by law. [ ] ..... . this court held that a denial of equal protection of laws, by being singled out for a special procedure not provided under the law, caused denial of rights under article 14 of ..... fir has been registered in relation to an offence committed against any person by an accused he cannot claim to be protected from offences which he may have committed with other persons who have their individual right of registering an fir against such ..... . in 431 bc, an athenian statesman described that the concept of liberty was the outcome of two notions, firstly, protection of group from attack and secondly, the ambition of the group to realise itself as fully as possible through the self-realisation of the individual by ..... submitted by the appellant that as the object of section 438 of the crpc was to prevent an accused from the humiliation of arrest, the protective cover of the provision would not include within its ambit a person who is already in custody .....
Tag this Judgment!Court : Karnataka
..... 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. ..... bank of india, [(2001) 2 scc259, the apex court observed to lay down that when a law is challenged to be discriminatory essentially on the ground that it denies equal treatment or protection, the question for determination by the court is not whether it has resulted in inequality but whether there is some differentia which bears a just and reasonable relation to the object ..... (supra), the supreme court observed in paragraph 41 that mere differentiation does not - 66 - per se amount to discrimination within the inhibition of the equal protection clause. ..... seat shall be adjusted by counting the greatest fractions as one and, if necessary, also the greater of the remaining fractions as another; and where the fraction to be so counted cannot be selected by reason of the factions being equal, the selection shall be by lot: provided that there shall be atleast one seat allocated for the local persons in respect of the local area. ..... treating the two classes differently, the equality which otherwise would remain a valid discrimination ..... valid differentia a mode of equality 5.7 the true scope of article 14 of the constitution is not to equalize in every situation and in all set of circumstances, even where the class of persons to be governed under article 14 possesses different traits and characteristics to make them .....
Tag this Judgment!Court : Supreme Court of India
..... 14. whereas the accent in article 14 is on the injunction that the state shall not deny to any person equality before the law or the equal protection of the laws that is, on the 90 negative character of the duty of the state, the emphasis in article 16(1) is on the mandatory aspect, namely, that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state implying thereby that affirmative action by the government would be consistent ..... birth. articles 14 and 15 (as it originally stood) are quoted below: article14- equality before law the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of ..... law. the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of ..... article 14 of the constitution stipulates that the state shall not deny to any person equality before the law or the equal protection of laws within the territory of india. ..... the doctrine of classification gives content to the guarantee of equal protection of the laws.113 under this approach, the focus is on the equality of results or opportunities over equality of treatment.11479. ..... the mandate of equal protection of laws casts a positive obligation on the state to ensure that everyone may enjoy equal protection of the laws, and no one is unfairly denied this protection. .....
Tag this Judgment!Court : Supreme Court of India
..... manufacture, use, import, export and storage of hazardous micro organisms genetically engineered organisms or cells rules, 1989 (hereinafter referred to as 1989 rules ) which are in turn framed under the environment protection act, 1986 (hereinafter referred to as epa, 1986) responsible for approval of proposals relating to release of genetically engineered organisms 1 merriam webster dictionary https://www.merriam-webster.com/dictionary/bt 2 ..... basis of risk management decisions; (zq) risk management means the process, distinct from risk assessment, of evaluating policy alternatives, in consultation with all interested parties considering risk assessment and other factors relevant for the protection of health of consumers and for the promotion of fair trade practices, and, if needed, selecting appropriate prevention and control options; x x x (zu) standard , in relation to any article of food, ..... 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. ..... elements of nature, which teach lessons and inspire strength in the formulation of our character: earth teaches us patience, love; air teaches us mobility, liberty; fire teaches us warmth, courage; sky teaches us equality, broad-mindedness; water teaches us purity, cleanliness.1.1 faced with the widespread destruction of the environment, people everywhere are coming together to understand that we cannot continue to use the benefits of the earth as .....
Tag this Judgment!Court : Supreme Court of India
..... demands that the state shall not deny to any person equality before the law or the equal protection of the laws . ..... in our view the conclusion of the high court that the gradation list prepared by the corporation is in violation of the right of respondent- writ petitioner to equality enshrined under article 14 read with article 16 of the constitution, and the respondent-writ petitioner was unjustly denied of the same is obviously unjustified.42. ..... stated differently, a right to be considered for promotion being a facet of the right to equal opportunity in employment and appointment, would have to be treated as a fundamental right guaranteed under articles 14 and 16(1) of the constitution of india but such a right cannot translate into a vested right of the employee for being ..... elevating the right for being considered for promotion to a fundamental right is enshrined in the principle of equality of opportunity in relation to matters of employment and appointment to a position under the state. ..... clause particularises the generality in article 14 and identifies, in a constitutional sense equality of opportunity in matters of employment and appointment to any office under the state ..... we have already stated earlier that the right to equal opportunity in the matter of promotion 12 (1997) 5 scc20113 (1997) 6 scc538page 9 of 17 civil appeal no.6977 of2015in the sense of a right to be considered for promotion is indeed a fundamental right guaranteed under article 16(1) and this has never .....
Tag this Judgment!Court : Supreme Court of India
..... the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. 12 21. ..... it, therefore, becomes the duty of india to take all measures for protection of the state of assam from such external aggression and internal disturbance as in article 355 of the constitution .14. ..... government so directs either generally or in a particular case, be deemed to retain that nationality unless he proves to the satisfaction of the said authority that he has subsequently acquired by naturalization or otherwise some other nationality and still recognized as entitled to protection by the government of the country whose nationality he has so acquired. ..... placing persuasive burden on the accused persons must justify the loss of protection which will be suffered by the accused. ..... protection of life and personal liberty. ..... equality before law. ..... equally, if special provisions are made in derogation to the general right of a citizen, the statute, in our opinion, should receive strict construction. .....
Tag this Judgment!Court : Supreme Court of India
..... the provisions prima facie, therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion ..... the provisions prima facie, therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion ..... of 43 her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children; (c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to muslim law; and (d) all the properties given to her before or at ..... women if the provisions of the 1986 act were construed in a manner that deprived them of the protection that was equal to the protection afforded to non- muslim women under section 125 of the crpc. ..... equally irrespective of religion, as it is enshrined in article 2 of the universal declaration of human rights and articles 14 and 26 of the international covenant on civil and political rights, the page 38 of 53 learned judge held that muslim women cannot be afforded a lesser degree of protection .....
Tag this Judgment!Court : Supreme Court of India
..... writ can be issued where there is executive action unsupported by law or even in respect of a corporation there is denial of equality before law or equal protection of law or if it can be shown that action of the public authorities was without giving any hearing and violation of principles of natural justice after holding that action could not have been taken without observing ..... though the state government have been found not guilty, the state has filed the appeal to protect its officers from independent and fearless expression of opinion and to see that the order under appeal does not affect the proper functioning of ..... that when one party is chosen over another, the aggrieved civil appeal no.6741 of 2024 page 24 of 83 party cannot claim the protection of article 14 since the government has the discretion to choose with whom it will contract. ..... the method and motive of a decision of entering or not entering into a contract, are subject to judicial review on the touchstone of relevance and reasonableness, fair play, natural civil appeal no.6741 of 2024 page 26 of 83 justice, equality and non-discrimination in the type of the transactions and nature of the dealing as in the present case.13. ..... the principle of reasonableness and rationality which is legally as well as philosophically an 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 .....
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