Download - Equality and Social Justice
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Equality and Social
Justice
Articles-14-18
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Equality and Social Justice
Equality before law and Equal Protectionof Laws
Classification of Differential Treatments :Constitutional Validity
Gender Justice
Justice to Weaker Sections of Society
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Article 14
The State shall not deny to any
person equality before the law orthe equal protection of laws
within the territory of India
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Concept of Equality
Equality before Law
Equal Protection of Laws
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Equality before Law
Does not mean absolute Equality Like should be treated alike
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Dr. Jennings on Equality
Equality before the law means thatamong equals the law should be equaland should be equally administered, that
like should be treated alike. The right tosue and be sued , to prosecute and beprosecuted for the same kind of actionshould be same for all citizens of full age
and understanding without distinctions ofrace, religion, wealth , social status orpolitical influence.
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Rule of Law
Absence of Arbitrary Power:Absolutesupremacy of law. Punishment only forbreach of law and nothing else.
Equality Before Law :All classes subjectto same ordinary law administered byordinary courts.
Constitution is the result of ordinarylaw of the land:
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Equal Protection of Laws
All persons under similar circumstancesshall be treated alike
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Exclusion of Article 14
Under International Law, foreignsovereign and ambassadors enjoy fullimmunity from any judicial process.
Immunity also available to enemy claimsfor acts of war.
Article 36 lays down that the President
and the governors are exempted from anycriminal proceeding during the tenure oftheir office.
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Art. 359 (1) lays down that where aproclamation of emergency is in operationthe President may, by order, declare that
the right to move any court for theenforcement of such rights conferred byPart III (except Arts.20 and 21) shall
remain suspended.
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New Concept of Equality
E.P. Royappa V. State of Tamil Nadu (AIR1974 SC 555)
Justice Krishna Iyer:
New Concept of Equality: Protectionagainst arbitrariness
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Justice Krishna Iyer on Equality
Equality is a dynamic concept with manyaspects and dimensions and it cannot be cribbed, cabined and confined within traditionaland doctrinal limits. From a positivist point of
view, equality is antithetic to arbitrariness. Infact equality and arbitrariness are swornenemies; one belong to the rule of law in arepublic while the other to the whim and capriceof an absolute monarch. Where an act is
arbitrary, it is implicit in it that it is unequal bothaccording to political logic and constitutional lawand therefore violative of Article 14.
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Case Laws
K.A.Abbas V. Union of India (AIR 1971 SC481)
E.P. Royappa V. State of Tamil Nadu (AIR1974 SC 555)
Ajay Hasia V. Khalid Mujib (AIR 191 SC487)
Air India V. Nargesh Mirza (AIR 1981 SCC663) (to be referred for Gender Justice)
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Case Law
Indian Council of Legal Aid & Advice V.Bar Council of India (1995) 1 SCC 732
BALCO Employees Union (Regd ) V. UOIAIR 2002 SC 350
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Cl ifi ti f Diff ti l
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Classification of Differential
Treatments : Constitutional Validity
Cases wherein classification made-Constitutional validitychallenged
R.K. Ghosh V. J.G. Rajput (1996) 6 SCC744
Sunil Jaitley v State of Haryana (1984) 4SCC 296
Mithu V. State of Punjab AIR 1983 SC 473
K.A.Abbas V. UOI AIR 1971 AC 481
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R.K. Ghosh V. J.G. Rajput
Facts: Respondent , and employee ofAhmedabad Municipal Corporation-challenged his suspension
Mr. B.L.Shethna- argued his case-obtainedstay
Mr. B.L.Shethna- appointed judge of High
Court of Gujarat. 1993, Respondent served with another
charge sheet
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Charge sheet not connected with earlierdispute
Petition filed.
Contention: Said CS be stayed.
Appellant Municipal Corporation be
punished for Contempt of Court Two earlier orders be restored.
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Petitionwas to be heard by- R.A. Mehta& B.L. Shethna
Appellant (AMC)- objected.
Contention- Justice Shethnaearlier hadappeared as an advocate of Respondent in1988.
Despite this HC- passed an order SC- Held: Action of Judge- violates Rule of
Law- Quashed order of HC
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Validity of S. 303 of IPC:
Challenged
S. 303: states that if a person under asentence of life imprisonment in jailcommit murder he must be awarded
sentence of death.
S.302: states, if a person commits murderhe may be awarded either sentence of
death or sentence of life imprisonment.
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Mithu V. State of Punjab
Facts: Different treatment persons whocommit murders whilst in under sentence(Case 1)and by persons while they are
not under sentence.( Case 2)
Distinction made for awarding deathsentence
Sentence of Deathmandatory in case 1
Discretionary- in Case 2
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Validity of S. 303 of IPC:
Challenged
Contention : which sentence be granted :Discretion of the Courts.
Judicial Discretion Available under S.302
But unavailable to a life convict u/S 303
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Validity of S. 303 of IPC:
Challenged
SC: Struck down S. 303 asunconstitutional
Ground: Classification between personsnot based on rational principal.
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Validity of Cinematograph Act,
1952 Challenged
K.A. Abbas V. UOI
Fact: Cinematograph Act, 1952 Challenged
Films classified into categories U: Unrestricted Exhibition
A: Exhibition only for Adults
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Grounds of Challenge
Motion picture-form of expression
Therefore , entitled to equal treatmentwith other forms of expression
Other formsnot subjected to priorrestraint
Therefore, different treatment to films-amounts to invalid classification
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SC on Validity of Cinematograph
Act
Upheld
Different treatment necessary
Reasons: Motion picture- raises instantemotions
Stirs up emotions more deeply than otherproduct of art
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Sunil Jaitley V.State of Haryana
Facts : 25 seats reserved for admission toMBBS and BDS students coming from ruralareas
Those who studied from 1-8 in rural areas
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SC
Held: violative of Art.14 Reasons: Arbitrary and irrational
No rational to the object achieved Same Government Same Education course prescribed, equipment
and grants- including qualification of staffimparting education
Hence , similarly placed. Hence, Classification- Unconstitutional.