For, such extension to individual action may result in serious interference with the liberty of the individual and, in the process; fundamental rights themselves may become meaningless. The collector had two choices; he could either himself order eviction under the special law, or could file an ordinary suit in a court for eviction under the general law. Otherwise only the act of classification by the executive will be examined. Introduction Right to Equality is the first fundamental right assured to the people of India. The court should… give us clarity. Haji Kutty Naha, Civil Appeal Nos. Equal law should be applied to all in the same situation, and there should be no discrimination between one person and another.
Supremacy of Law: The First meaning of the Rule of Law is that 'no man is punishable or can lawfully be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. Article 361 of Indian constitution law. As regards the shareholders, the Act declared that they could neither appoint a new director not could they take proceedings for the winding up of the Company. In other words, all persons who are in the same circumstances will be governed by the same set of rules. One might ask here, why the Constitution should not extend the scope of these right to private individuals also.
The devision of pensioners into two classes on the basis of the date of retirement was not based on any rational principle because a difference of two days in the matter of retiremnt could hav a traumatic effect on the pensioner. Similarity, not identity of treatment, is enough. Whenever a prior enactment is repealed and new provisions are enacted the Legislature invariably lays down under which enactment pending proceedings shall be continued and concluded. Nothing mentioned on the website should be construed as legal advice. The government had the power to pick out a case of a person and hand it over to the special tribunal while leaving the case of another person similarly situated to be tried by the ordinary criminal courts. It means that no man is above the law and that every person whatever be his rank or condition is subject to the jurisdiction of ordinary courts.
Article 14 is the equality clause because of its wide ambit and applicability. We handle domestic and international Arbitrations. It means the absolute supremacy of Law as opposed to the arbitrary power of the Government. These courts were to follow a procedure less advantageous to the accused in defending himself than the procedure followed by the ordinary criminal courts. At the same time, the question of classification is primarily for legislative judgment and ordinarily does not become a judicial question. Thus, the two expressions in Article 14 make the concept of equal treatment a binding principle of State Action.
An alleged offence is required to be proved before the ordinary courts in accordance with the ordinary procedure. Thus there was nothing to distinguish the dispute between the parties under the Wali-ud-Dowla Act which is not found in any other dispute between private parties. No discrimination based on religion ,race, caste, sex,and place of birth. These rights can be waved off in very very rare occasions. In Kerala Hotel and Restaurant Assn. Thereupon the Bihar State Legislature passed the impugned Act. Thus as revenue is the first necessity of the State and as taxes are raised for various purposes and by an adjustment of diverse elements, the Court grants to the State greater choice of classification in the field of taxation than in other spheres.
Obviously, the effect of the Act was that the two ladies and their children were deprived of the right to enforce their claim in a court of law in accordance with the Mohammedan Law. No single tax can be apportioned so as to be exactly just and any combination of taxes is likely in individual cases to increase instead of diminish the inequality. Pinson 2: We must remember that the machinery of Government would not work if it were not allowed a little play in its joints. In State of Kerala v. Underlying priniciple:- The Principle of equality is not the uniformity of treatment to all in all respects. Absence of arbitrary power has been held to be the first essential of rule of law. A law may be constitutional even though it relates to a single individual if on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by itself 2.
In other words, what Art. In the words of Cooley : It merely requires that all persons subjected to such legislation shall be treated alike, under like circumstances and conditions, both in the privileges conferred and in the liabilities imposed. Taxation will not be discriminatory if, within the sphere of its operation, it affects alike all persons similarly situated. As such this right was considered to be a negative right of an individual not to be discriminated in access to public offices or places or in public matters generally. The situation where the statute itself does not suffer from any such vice, but the administrative authority may implement it in a discriminatory manner, or may not follow the policy or principle laid down in the Act to regulate its discretion.
The second ground put in support of the classification was also rejected. Equal protection cannot be said to be denied by a statute which operates alike on all persons and property similarly situated, or by proceedings for the assessment and collection of taxes which follows the course usually pursued in the State. Equality before law It means subjection of all classes to the ordinary law of land administrated by ordinary law courts. In this Video I am discussing Article 14 Fundamental Right of Indian Constitution- Right to Equality, that is article 14 of the Indian constitution with Case Laws- I will be discussing Rule of Law and Indian Constitution Art 14 1 - Equality before law in Indian Constitution Art 14 2 - Equal Protection of Laws in Indian Constitution Along with important case laws of Article 14 which deals with: Old Doctrine of equality which was propounded in the case of State of Bombay v. Meaning of equal protection of law: here, it means that each person within the territory of India will get equal Protection of laws.
In the famous words of Holmes, J. Rule of law requires that no person shall be subjected to harsh, uncivilized or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order. A- section 1of 14th amendment says. What's sanctity of marriage then? Under any system of taxation, however, wisely and carefully framed, a disproportionate share of the public burdens would be thrown on certain kinds of property, because they are visible and tangible, while others are of a nature to elude vigilance. From the very nature of society there should be different places and the legislature controls the policy and enacts laws in the best interest of the safety and security of the state.