Скачать или смотреть Article 14 Case Law 1 State of West Bengal v Anwar Ali Sarkar,1952

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State of West Bengal v Anwar Ali Sarkar, 1952

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.


Facts:
State of West Bengal v Anwar Ali Sarkar, 1952

West Bengal Special Courts Act, 1950
Speedy trial for certain offences
Section 3 of the Act empowered the State Government to constitute special Courts
ection 5, whose constitutionality was impugned allowed these Special Courts to try such offences according to the directions of the State Government


Court:
State of West Bengal v Anwar Ali Sarkar, 1952
Supreme Court invalidated the Act
arbitrary powers
The Act did not lay down any policy/guideline for classification of such offences
The necessity of a speedy trial was too vague and uncertain a criterion to form the basis of a valid and reasonable classification


Court:
State of West Bengal v Anwar Ali Sarkar, 1952
“Article 14 does not insist that every piece
of legislation must have universal application and it does
not take away from the State the power to classify persons
”
State of West Bengal v Anwar Ali Sarkar, 1952
Test:
(i) the
classification must be founded on an intelligible differen-
tia which distinguished those that are grouped together from
others,
(ii) that differentia must have a rational
relation to the object sought to be achieved by the Act. The
differentia which is the basis of the classification and the
object of the Act are distinct things and what is necessary
is that there must be a nexus between them.