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Art 14 PPT Handouts For Students
Art 14 PPT Handouts For Students
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY
PERSON
–ALL PERSONS
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY EQUALITY BEFORE THE LAW
•JEEVAN REDDY, J. –
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•DD BASU:
- POSITIVE CONTENT AND
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•ART. 14
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1. IT MUST BE REASONABLE
2. THE CLASSIFICATION MUST BE FOUNDED ON AN INTELLIGIBLE
DIFFERENTIA WHICH DISTINGUISHES PERSONS OR THINGS THAT ARE
GROUPED TOGETHER FROM OTHER LEFT OUT OF THE GROUP
3. THE DIFFERENTIA MUST HAVE A RATIONAL RELATION TO THE OBJECT
SOUGHT TO BE ACHIEVED BY THE STATUTE IN QUESTION
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY
2. CLASSIFICATION WITHOUT A
DIFFERENCE
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY 3. SPECIAL COURTS AND
PROCEDURAL INEQUALITY
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY
• SC HELD:
PICK AND CHOOSE PERSONS FOR TRIAL BEFORE THE SPECIAL COURT.
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• THE COURTS HAVE ALSO EVOLVED SOME GENERAL PRINCIPLE OF FAIR PROCEDURE
FROM ARTICLE 14.
• ERUSIAN EQUIPMENT & CHEMICALS LTD. V. STATE OF W.B., AIR 1975 SC 226
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY
5. ADMINISTRATIVE DISCRETION
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• THE POWER TO IMPOSE AND COLLECT TAXES IS CONSIDERED ONE OF THE MOST
IMPORTANT SOVEREIGN POWER AND FUNCTION OF THE STATE.
– IT MAY SELECT THE PERSONS OR OBJECTS TO BE TAXED
– A STATUE IS NOT OPEN TO ATTACK ON THE GROUND THAT IT TAXES SOME PERSONS OR
OBJECTS AND NOT OTHERS.
• R.K.GARG V. UNION OF INDIA, AIR 1981 SC 2138 (BEARER BONDS CASE)
• THE SPECIAL BEARER BONDS IMMUNITY AND EXEMPTIONS ACT 1981, WHICH IN
ORDER TO CANALISE BLACK MONEY FOR PRODUCTIVE PURPOSES, AUTHORISED
INVESTMENT OF SUCH MONEY IN BEARER BONDS WITH FULL IMMUNITY AND
EXEMPTION UNDER THE INCOME TAX, WEALTH TAX AND GIFT TAX ACTS AS WELL AS
FROM DISCLOSURE OF SOURCES FOR THE INVESTORS IN SUCH BONDS,
• WAS UPHELD BY THE COURT.
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY R.D. SHETTY V. INTERNATIONAL AIRPORT
AUTHORITY OF INDIA, (1979) 3 SCC 489
• THE ISSUE WAS WHETHER THE INTERNATIONAL AIRPORT AUTHORITY WAS FREE
TO ACCEPT THE TENDER OF SOMEONE FOR PUTTING UP AND RUNNING A
RESTAURANT AND TWO SNACK BARS AT BOMBAY AIRPORT
• EVEN THOUGH THAT PERSON DID NOT FULFILL THE REQUIRED ELIGIBILITY
CONDITIONS?
• BHAGWATI, J. SAID “ THAT ARTICLE 14 STRIKES AT ARBITRARINESS OF STATE
ACTION”, AND IN ORDER TO BE NON-ARBITRARY, STATE ACTION, “MUST BE
BASED ON SOME RATIONAL AND RELEVANT PRINCIPLE WHICH IS NON-
DISCRIMINATORY” AND SHOULD “NOT BE GUIDED BY ANY IRRELEVANT AND
EXTRANEOUS CONSIDERATIONS .
• OUTCOME - COURT INTERACTED WITH ENOUGH EMPHASIS THAT “IN THE
MATTER OF GRANT OF LARGESSE INCLUDING AWARD OF JOB, CONTRACTS,
QUOTAS, LICENCES ETC. THE GOVERNMENT WAS TO CONFIRM TO THE NORMS
OF EQUALITY AND NON ARBITRARINESS.
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Shayara Bano v. Union of India, 2017 (9) SCALE 178 (articles 14, 15 and 21)
Navtej Singh Johar v. Union of India, AIR 2018 SC 4321 (Art 14, 15)
Joseph Shine v. Union of India, AIR 2018 SC 4898 (Art 14, 15 & 21)
Indian Young Lawyers Association v. State of Kerala, AIR 2018 SC (Supp) 1650
Jarnail Singh v. Lachhmi Narayan Gupta, AIR 2018 SC 4729 (Articles 14 and 16(1))
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