CiteTEXT
...content. The doctrine of classification has been described as a “subsidiary rule” evolved by courts to give practical content to the said Article. The “rule of law” or “positive” aspect of Article ...1; E.P Royappa v. State of T.N, (1974) 4 SCC 3 : 1974 SCC (L&S) 16...protection by law. Wherever therefore, there is arbitrariness in State action whether it be of the legislature or of the executive or of an “authority” under Article 12, Article ...
...of reason and relevance.This rule also flows directly from the doctrine of equality embodied in Article 14. It is now well settled as a result of the deci...of equality. 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 mus....14. The public property owned by the State or by any instrumentality of the State should be generally sold by public auction or by inviting tenders. This Court has been insisting u...
...political logic and constitutional law and is, therefore, violative of Article 14, and if it affects any matter relating to public employment, it is also violative of Article 16. Articles 14 and 1...imprisoned within traditional and doctrinaire limits. … Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which l...well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 like a brooding omnipresence….”25. In...
...Section 24 of the Code of Criminal Procedure, 1973, applicable in the case of Public Prosecutors. The learned Additional Advocate General did not dispute that if Article 14 of the Constitution ...concomitants viewed as purely contractual matters after the appointment is made, also attract Article 14 and exclude arbitrariness permitting judicial review of the impugned State action. This aspect is de...against excesses of State action, to realise the vision in the Preamble. This being the philosophy of the Constitution, can it be said that it contemplates exclusion of Article 14 — non-...
...not amount to discrimination, violative of either Article 14 or Article 16(1) of the Constitution are well settled. Article 14 of the Constitution strikes at the ...pay scale of Rs 650-1040. The petitioners assert that this is discrimination. This differentiation without any rational basis is discrimination violative of Article 14 and Article 16(1) of the...by our Constitution to be a fundamental right, is a constitutional goal. Construing Articles 14 and 16 in the light of the Preamble and Article 39(d), the principle of “Equal pay for equal work” is...
...selecting candidates for admission to the College and this resulted in denial of equality to the petitioners in the matter of admission violative of Article 14 of the Constitution. It would appear...the first time in E.P Royappa v. State of Tamil Nadu (1974) 4 SCC 3, (1974) 2 SCR 348 that this Court la.... Where an act is arbitrary it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14, and if it affects any matter relating to public employme...
...concerned in the present case as to the non-observance of the rule of audi alteram partem.9. The law is settled that non-arbitrariness is an essential facet of Article ...State of Bihar. Both the Dhamri College where the appellant was working formerly and the Godda College where the appellant was posted in terms of the order dated 4-2-1986 fell within the jurisdiction of...who was legally appointed to the sanctioned post of Lecturer in History in terms of Section 4(14) of the Bihar Universities Act (hereinafter referred to as “the Act”). He further contended on the...
...done arbitrarily or by any ulterior criteria. The wide sweep of Article 14 and the requirement of every State action qualifying for its validity on this touchstone irrespective of the field ...basic requirement of Article 14 is fairness in action by the State, and non-arbitrariness in essence and substance is the heartbeat of fair play. These actions are amenable to the judicial review ...trammelled by any statute or rule is wide enough, what is imperative and implicit in terms of Article 14 is that a change in policy must be made fairly and should not give the impression that it was so...
...be made fairly and should not give the impression that it was so done arbitrarily or by any ulterior criteria. The wide sweep of Article 14 and the requirement of every State action qualifying for its vali...there is no discrimination involved. The concept of equal treatment on the logic of Article 14 of the Constitution of India (in short “the Constitution”) cannot be pressed into service in such cas...on some other basis and not by claiming negative equality.14. It is trite law that Article 14 of the Constitution applies also to matters of governmental policy and if the...
...principles emerge:(a) the basic requirement of Article 14 is fairness in action by the State, and non-arbitrariness in essence and substance is the heartbeat ...Mandal v. State of Orissa (2007) 14 SCC 517 besides several other decisions to which we need not refer.11. In...-lag in such matters plays an important role as it indeed has in the case at hand.8. The scope of judicial review in matters relating to award of contracts by the State and...
...entry, or even if there is a rule/G.O prohibiting it, because the principle of non-arbitrariness in State action as envisaged by Article 14 of the Constitution in our opinion requires such communi..., AIR 1978 SC 597 that arbitrariness violates Article 14 of the Constitution. In our opinion, the non-communication of an entry in...State of U.P v. Yamuna Shanker Misra (1997) 4 SCC 7. Hence such non-communication is, in our opinion, arbitrary and hence violative of Article ...
...violative of Article 14, and if it affects any matter relating to public employment, it is also violative of Article 16. Articles 14 and 16 strike at arbitrariness in State actio...was observed that Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. It is thus too late in the day to contend that an executive action shown to be...Article 14 which has been noticed in E.P Royappa v. State of Tamil Nadu (1974) 4 SCC 3...
...Article 14 and the requirement of every State action qualifying for its validity on this touchstone irrespective of the field of activity of the State is an accepted tenet. The b...imperative and implicit in terms of Article 14 is that a change in policy must be made fairly and should not give the impression that it was so done arbitrarily or by any ulterior criteria. The wide sweep of...that the State must act validly for discernible reasons, not whimsically for any ulterior purpose. The meaning and true import and concept of arbitrariness is more easily visualised than precisely...
.... Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits…Article 14 strikes at arbitrariness in State action and ensures...protection of laws must mean the protection of equal laws for all persons similarly situated. Article 14 strikes at arbitrariness because a provision which is arbitrary involves the negation of eq..., challenged the order of his transfer on several grounds, including the violation of Art. 14. It was pointed out for the first time that Art. 14 embodies guarantee againt arbitrariness. Their Lordships we...
...indicated hereafter.7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article 14 of the Constitution of...arbitrary and, therefore, in substance, violative of Article 14 of the Constitution. The High Court by its impugned order accepted this contention of the respondent and allowed the writ petition. Hence...non-arbitrariness in a State action, it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the persons likely to be affected by the decision or...
...) 742)“8. … The learned Additional Advocate General did not dispute that if Article 14 of the Constitution of India is attracted to this case like all ...appointments, the appointment and its concomitants viewed as purely contractual matters after the appointment is made, also attract Article 14 and exclude arbitrariness permitting judicial review of the impugned ...complementary to individual fundamental rights guaranteed in Part III for protection against excesses of State action, to realise the vision in the Preamble. This being the philosophy of the Constitution, can it be said tha...
...natural resources, submitted that a combined reading of Article 14, which dictates non-arbitrariness in State action and equal opportunity to those similarly placed; Article 39(b) which is a direc...established by the decisions of this Court that Article 14 condemns discrimination not only by a substantive law but also by a law of procedure.”98. However, after the judg...is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14, and if it affects any matter relating to public employment, it is also violative ...
...making of a contract merely because some contractual rights accrue to the other party in addition. It is not as if the requirements of Article 14 and contractual obligations are alien concepts, which cannot coexist...unreasonable, the fact that the dispute also falls within the domain of contractual obligations would not relieve the State of its obligation to comply with the basic requirements of Article 14. T...the State is a party of the contract, it has an obligation in law to act fairly, justly and reasonably which is the requirement of Article 14 of the Constitution of India. Therefore, if b...
...implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14’. Article 14 strikes at arbitrariness in State action a...assistance to the State and denying such assistance to the detenu was both arbitrary and unreasonable and thus violative of Article 21 read with Article 14 of the Constitution....fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 like a b...
...:(a) The basic requirement of Article 14 is fairness in action by the State, and non-arbitrariness in essence and substance is the heartbeat of fair play. These ...(Civil) No. 5722 of 2020, by which the High Court, in exercise of its powers under Article 226 of the Constitution of India, has allowed the said writ petition and has struck down the decision to carry...not have been the subject matter of a writ petition before the High Court under Article 226 of the Constitution of India. It is submitted that so far as the clustering of 49 airports into 4 Region-wise...