CHAPTER 1 1. Introduction Part III of the constitution contains a long list of fundamental eights.

. This chapter of the constitution of india has very well been desceibed as the Magna Casta of india. The Magna Cata is the evidence of their success which is a written document. This is the first and written document relating to the fundamental rights of citizens. The Americans first to give bill of eights in constitution. Fundamental right were deemed essential to protect the eights and liberty of the people against the enforcement of laws. The gurantee of certain basic human eights is an indispensable equipment of a free society. Article 14 decleares that the state shall not deny to any person equality befor the law or equal protection of laws within the teritoeg of India. Article 14 confess a right on the individuals or is moal admonition to the state. In basheshar nath V commissiones of income tax air 159 SC 149 Chief justice S.R. Das delivering opinion for himself and kapur held that

Article 14 is in form as admonition addressed to the state and does not directly purpoet to confer any light on any person as some of the other articles eg article 19. the obligation thus imposed on the state, no doubt, it is benefit for all person for as a necessary result of operation of this article they all equally enjoy before the law This view is neither supported by sufficient authority not seems to be correct. As already discussed in the beginning of this part, rights may be conferred in two ways:1. By beohibiting other from doing something 2. by requiring some other person to do something. The first category of rights all known as negative eights while lights of second type are called positive rights. All the fundamental rights are primarly for the benefit of the individuals. In fact, all right are peimarly for the benefit of the owner of rights. A legal right is an interest of the owner of the right recognized and protected by law and every has correlative duty. Under the article 14, right of equality is quarantel to individual persons and correlative duty is imposed upon the state. Article 14 uses two expression 1. Equality before the law 2. equal protection before law.

The phease equality before law finds a place in almost all written constitutions that quarantees fundamental right [lihe (1) U.S.A section 1 of 14 Amendment says No state shall deny to any person within its jueisdiction the equal protection of the law. 2. Burma section 13 All citizens irrespective of birts, religion, sex or race are equal before law, that is to say there shall not be any aibitrary disclimination between one citizen or class of citizens and another. 3. Eire Section 40 (1) All citizens shall, as Harman persons be held equal before law.] Both these expression have however, been used in the universal Declaration of human right. The first expression equality before law is of English origin and the second expression of has been than from the American constitution. Both these expressions aim at establishing what is called equality of status in the preamble of the constitution. While both the expression may seem to be identical they do not convey the some meaning. While equality before the law is a some negative concept implying the absence of any special peivilage in befour of individual and the equal subject of all classes to the ordinary law equal protection of the law is a more positive concept implying equality of treatment in equal circumstances

however one dominant idea common to both the expression is that of equal justice. Case:- In shoe shanker V M.P. Government AIR 1951 Nag 53 While both the expressions aim at establishing what may, be legaded as equality of legal status for all there is some. Difference between those expressions. The former expression is same what a negative concept cimplying the absence of any special peivilage in favour of an individual while the latter is more positive concept implying equality of treatment in equal circumstances. In case 1 Surya pal Singh V UP AIR 1951 All 674 The Allahabad High Court also held that equality before law has not the sme meaning as equal protection before law not According to Allahabad high court also former may be defined as equal subjection of all persons to the ordinary law of the land while the latter as equal protection of laws. In state of west Bengal V. Anwar Anwar Ali Sarka AIR 1952 SC 75 Chief justice patanjali shaster held that equal protection of laws in corollag of the equality before the law it is difficult toe imagine a situation when equality before the law con be maintained without equal protection of laws. In pratice therefore both the expression come to one and the same thing

2. Historical Background : In the time of 19th and 20th centary. The constitution of England is unwritten. Hence, there is in England no code of fundamental lights as exists in the constitution of the united states or in other written constitution of the world. This does not mean. However, that in England there is no lecogition of those basic lights of the individual without which democracy becomes meaningless. The object, in fact, is secured here in different way. The foundation of individual eights in England may be said to be negative, in the sence that an individual has the eight and freedom to the whatever action he likes. So long as he does not violate any rule of the ordinary law of the land. Individual liberty in secused by judicial decisions determining the eights of individuals in particular cases brought before the Covets. The judicialy is the guardian of individual lights in in England as elsewhere but there is a fundamental difference. While in England the courts have the fullest power to protect the individual against executive tyranny, the courts are powerless as against legislative aggression upon the legislatiole in England. The English parliament being theoretically omnipolent there is no law which it cannot change As has been already said, the individual has lights but they individual has lights but they are founded on the ordinary law of the land which can be changed by parliament like other laws so there is no light which may be said to be a fundamental in the strict sence of the term.

Another vital consequence of the supremacy of parliament is that the eglish court has no power of judicial leview over legislation at all. It cannot declare any law as unconstitutional on the ground of the conteavention of nay supposed fundamental or natural light. 1. Ominipotent That person which do any thing 2. tylanny The fundamental difference in approach to the question of individual lights between England and the united states is that while the English were anxious while the English were anxious to protect individual lights from the abuses of exeautive power the feamers of the American constitution were appeahensive of tyennay not only from the legistature like a body of men who for the time being team the majority in the legistature. So the American Bill of Rights (contained in the first 10 Amendments of the constitution of the U.S.A) is equal binding upon the legistature as upon the executive. The result has been the establishment in the united states of a judicial supremacy as oppoed to the [porliamentaly supremacy in England. The courts in the united states are completant to decle an act of congless as unconstitutional on the ground of conteavention of any provision of the bill or adjust of lights Further it is beyond the competency of the legislature to modify or adjust any of the

fundamental light in view of any emergency or danger to the state that power has been assumed by the judiciary in united states. In India the simon commission and the joint parliamentary committee which were responsible for the government of India Act 1935 had rejected the idea of enacting declearation of fundamental lights on the ground that absteact declerations are useless, unless there exist the will and the mean to make them effective. But nationalist opinion. Since the time of the nehew repart was definitely in a favour of a bill of lights because the experience gathered from the beritish regime was that a subsrewient legistature might serve as a hand maid to the executive in committing ineoads upon individual liberty. Regardless of the British opinion therefore the mahersh of our constitution adopted fundamental rights to safeguard individual liberty and also for the ensuring social, enomic and political justice for every member of the community that they have suceded in this venture is the testimony of an adent observes of the Indian constitution. So the constitution of India has embodied a number of fundamental right in part in of fundamental rights in part in of the constitution. Which are to act as limitations not only upon the power of the executive but also upon the powers of the legislature of the united states the Indian constitution does not go refer and rather effect a compeomire between the doctaines of parliament sovereignty and judical supremacy. In the

other hand the parliament of Indian cannot be said to be sovereign in the English sense of legal omnipotence for the very bad that the parliament is created and limited by a written constitution enables our parliament to legistate only subject to the limitations and peohibitions imposed by the constitution such as the fundamental rights the distribution of legislatue power etc in case any of these limitations are transgressed the supreme court and the high court are compelent to decleare a law as in constitutional and void. So for as the contevention of fundamental rights is concerned, this duty is specially njoined upon the courts by the constitution Our constitution follows the American model rather than English but the power of judicialy in weather than in the united states. Before goint through Article 14 we should understand the link of these two articles with the totality of fundamental light the (1) Article 12 embodies that the fundamental lights are embarced against state and (2) Article 13 embodies the law in the doceine of fundamental lights Moreoever, Article 14 which in reality is the first article o the fundamental lights matrix, derives, its source from American and irish its source from American and irish constitutional and directly links with plenariy provisions ensheined in the preamble of our constitution which speaks the equality of statu and opportunity and simultaneously gives

effect to the principle in the whole text of the constitution and 12 schedules appended to it. If we move in the pages of Indian history in a sense the demand for equality which is main intent of Article 14, is linked with the freedom movement in Indian. The Indians wanted the same light and privileges that their beritish masteres enjoy in Indian and the for civil right was implicit in the formation of the Indian national congress in 1885. The commonwealth of Indian Bill 1925 demanded the equality before law and provided especially that there ws to be no disqualification as disability on the ground only of sex alongwith the peovision that all persons were to have equal lights to use of road, transportation, court of justice and all other places of business for bublic. Besides the motilal Nehru report, 1928 the sapru report of 1928 ligusd the equality aspects of constitution in the following words What the constitution demands and expects is perfect equality between one section of the community and anothers in the matter of political and civil lights matter of political and civil lights equality of liberty and security in the enjoyment of the freedom of religion worship and the persuit of the ordinary applications of life. Hence the light to equality and liberty in Article 14 are the words of parssions and power our foundation father not only put liberty and equality in the peeamble of our constitution but gave them practical

effet in Article 14 which provides that The state shall not deny to any person equality before the lw and equal protection of the laws in the tearitory of India. In respect of content and reach of the great equalizing peinciple envciated in Article 14 there can be no doubt that it is a founding faith constitution.

Chapter III Rules of law:Meaning: The rule of law plays on important role in the administration of the countary. It provides protection to the people against the arbitrary action of administeative authorities. The experession rule of law has been derived from the French phase La principale de logailte like a government based on the principle of law may be taken to mean mainly a rule or principle which governs the external action of human beings and which is recognized and applied by the state in the administration of justice. The object of the law is to maintain public order by compelling individual by defining the powers of the government, its resvonts and its institutions and by compelling then to exercise their power within their limits. The law, thus provides protection to

individual from unlawful action of the govt and its officers by compelling them to exercise their power in accordance with law. The rule of law according to the Garner is often used simply to describe the state of affairs in a countary where in main, the law is observed and order is kept. It is an expression synonymous with law and other. However, to the public lowers it converys something a little more peecise for them cit is liked with the weiting of Dicey. Rule of law has been originated by Sir Edwaid Coke. He expressed the view that the king must be under god and law. It was originated with the object to exclude the arbitrary authority of the Government and to protect the individual from unlawful action of the government later on this concept was developed and established by A.V Dicey. According to Dicey Rule of law has three meanings:1) First meaning of the rule of law that no man is penishable or can loudly be made to sufer in body or goods except for a distinct breach of law established in the ordinary couet of law Thus the Rule of law according to dicey: Supeimacy of law means the absolute supremacy predominance or regular law as opposed to the influence of abitealy power and excluder the existence of arbitraviness or preeogative or even of the wide discretionary authority on the part of the government. It implier that a man may be punished for beeach of law but he cannot be punished for anything else no man can punished

except for a beeach of law. An alleged ofence is required ot be proved before the ordinary courts in accordance with the ordinary proceedure 2) The second meaning of rule of law is that no man is above law. Every person wheatever be his lank or condition is object to the ordinary law of the realm and amenable to the jusidiction of the ordinary tribunals. Thus of law in this sense means equality before the law or the equal subjection of all cleaves to the ordinary law of the land administered by ordinary law courts rule of law thus excludes the idea of any exmption to officials or other from the duty or obedience to citizens or from the jurisdiction or the ordinary tribunals. 3) Third meaning of the rule of law is that the general principles of the constitution are the result of judicial decisions determining the eights of peivate persons in particular cases brought before court. Criticism of Dicey view The view of Dicey as to meaning of the Rule of law has been the subject of much criticism. The whole criticism may be rummed up as follow: 1. Dicey has opposed the system of providing the disclerationary power to the administeation. In his opinion providing the discreationary power means creating the room for arbiteariness which may create a resivous threat to individual freedoms.

Now a day it has been clear that providing the discretion to the administration is inevitable. The peerent teend is the establishment of welfare state which performs numerous functions including economic and social functions. The function of the state is not confined to maintaince of army, maintance of law and order and collection of taxes. Now a days it carries on trades, commerce and socio economic condition of the people. The state plays important role in the peomotion of education.several education institution have been establish by state. Without direction it is not possible for the modern state to fulfil its obligation to the citizens. Dicey has failed to distinguish discretionary power from the abiteary power. Arbitry power may be taxen as against the concept of rule of law. In modern times in all countries including England, American India the dicreationary power are conferred on the government. The present trend is that discletionary power is given to the government or administrative laws down some guidelines or principles according to which the discreationary power is to oxercised. S.C Advocates on Record Association Union of V Indian Air 1994 Sc 268 The supreme court has made it clean that the rule of law does not rule out the existence of discretionary power to completely. For the rule of law to become realistic there has to be room for directionary authority

within the operation the rule of law, even though it has been reduced to the minimum extend necessary for the people guidelines or exclude any aibilitary excerie of discretionary, authorit. The administration law is much concerned with the control of the directionary power of administeation. 2. According to Dicey the rule of law required that every person should be subject to the ordinary courts of country every person means whether eich or poor, irrespective of status or rank must be subject to the same body of law and same court of countary Dicey has claimed that there is no separate law of separate courts for government servant. He criticized the system of droit administrative prevailing in France. In Frances three all two types of courts. Administrative courts and ordinary courts the disputes between the citizens and administration are decided by the administrative courts while the other cases decided by the civil courts. Dicey was very critical to the seprat court for deciding the disputes between the administrative and the citizen. He was of the opinon that the administrative courts in france were established to protect the government officials. Consequently he experessed the view that there was no rule of law in france later on he himself relized his misconception about the administrative courts in france the administrative courts have played important role in controlling the administrative authority and providing quick and

effective semidies to citizens against the excess or villagal action of adminstrations. Beside even English system is not free from the special fourts nd tribunals. Several special courts and tribunals have been established in England to enforce special laws. Offences against military law or naval law are tried by court martial medical council has been established to by the member of the medical peofession for provessional misconduct 3. Accourind to Dicey the rule of law required equal subjection of all persons to the ordinary law of the countary and absence special poivilages for any person including the administrative artharity in the opinion of Dicey the rule law excludes the idea of any exemption of officials from the jueisdiction of the ordinary courts. This peopositio of Dicey does not appears to be correct even in England. Several person enjoy some peivilages and immunities. For example udge enoy immunitieses from suit in respect of their acts done in discharge of their official functions. 4. third meaning given to the rule of law y Dicey that constitution is the result of judicial decisions determing the lights of peivate person in particular cases brought before the court is based on the peculiae character of the constitution of great Britain. The constitution of great Britain is unwritten and contains the principle evoluved through judicial

decisions. The meaning of rule of law does not hold good in India, U.S.A etc for example the constitution of India is not the result o the ordinary law of the land. The ordinary law is governed by the constitution any law which is against the constitution of ndia is decleared void. Inspite of the above shortcoming in the definition of rule of law by Dicey he must be peised for drawing the attention of the scholars and authorities to waids the nood of conterlling the discretionary powers of the administration. The rule of law established by him requires that every action of the administration must be bached by law and must have been done in accordance with law. The role of dicey in the dexlopment and establishment of the concept of bair justice cannot be denied. Rule of law and constitution of India In India the meaning of rule of law has been much explanded. It is regalded as a part of the basic structure of the constitution and therefore it cannot be abeogatted or destroyed even by parliament. It is also legarded as a part of natural justice. The concept rule of law is used in contradistinction of the rule of man. Every organ of the state under the constitution of India is regulated and control by the rule of law. Absence of aebiterary power has been held to be the first essential of rule of law. The rule of law requires that the discretion conferred upon executive authorityes must be contained within already

defined limits free legal aid foor poor and rpedy teiol in criminal cases have bean hold to be necessary adjuncts to rule of law. The rule of law permeates the entire fabrict of the constitution of India and it forms one of its basic features. The rule of excuted arbiteaniness. Rule of law is basic structure of the constitution Indiro Nehru Gandhi V Raj Narain AIR 1975 SC 2299 Equality is a multi coloured concept incapable of a single definition. It is a nation of many shades and connotations. The peeamble of the constitution quaintees equality of status and opportunity. They are nebulous concept and it is not rure twether they can provide a rolid foundation to rear a basic structure. The tpes of equality which our democlatic rebulic juanter are all subsumed under specific articles of the cinstitution like article 14, 15, 16, 17, 25 etc and there is no other principle of equality which is essential feature of our democeatic policy. There is a geniuine concept of rule of law and that concept implier equality and that concept implies equality before the law or equal subjection of all classes to the ordinary law. But if rule of law is to be a basic structure of the constitution one must find specific peovisions in the constitution emboding the constituent elements of concept to be a basic structure, it must be a transtrial concept having its habitat within four corners of the constitution were enacted with a view to ensures the rule of law. Even if it is assumed that rule of law is

a basic structure, the meaning and the constituent element of the concept must be gathered from the coocting provisions of the constitution the equality aspect of the rule of law and or democratic republicanism is provided in article 14 may be other articles reflected to do same duty. The concept of equality which is basic to rule of law and that which is regarded as the most fundamental postulate of epublicanism are both embodied in article 14. It is beyond the pale of reasonable controvery that if there be any unanedable feature of the constitution on the score that they from the poet of the basic structure of the constitution they are that (1) India is a sovereign democreatic Republic (2) equality of status and opportunity, shall be recued to all its citizens (3) the state shall house no religion of its own and all persons shall be equals entitled to freedom of conscience and the right freely to peofless, peactise and propagate religion and that (4) the nation shall be governed by a government of laws not of man. Bachan Singh V State of Punjab AIR 1982 SC 1325 The rule of law permeates the entiere basic of the constitution and indeed babric of the constitution and indeed forms one of its basic features. The rule of law excludes arbitracesness. Its postulate is intelligence without parsion and reason freed from desire whenever we find arbiterian on onlearenablenes there is denial of the rule of law. Law in the context of the rule of law does not

mean ans law encated by legislative authority how so ever arbitary, or despotic it may be otherwise even under a disctatarship it would be possible to say that there is rule of law because every law mode by the dictator how so ever arbitary and unreansonable has to be obeyed and every action has to be taken in conformity with such law. In such a cases too even where the political setup is dictatorial, it is law that governs the relationship between men and men and between man and state. But still it is not rule of law as understood in modern juispeadence because in its terms the law itself in the such a case being on emantation beam the absolute will of the dictator it is in affect and substance the rule of man and not of law which prevails in such a situation what is the necessary element of the rule of the law is that the law must not be albiteary or irrational and it must satisty the test of reason and the democratic form of polit seeks to ensure this element by mahin the framers of the law accountable to the people. Establishment of rule of law:The following provision of article 14 of constitution of India establishes firmly rule of law in the country. Article 14 :- Article 14 of the constitution of India provides for equality before th law o the equal protection of the laws. According to article 14 the state inhall not deny to any person equality before the law or equal protection of the laws within the territory of India.

Equality before the law implies the absence of many special privilege in favoure of any individual. It ensures that all are equal before the law. Equal protection of law ijplies equal protection of all in the same situation and under like circumstances. The aim of the both the concepts is the equal juistice. Article 14 borbids class legistation but it does not forbids classification which rest upon reasonable grounds of distinction. The importance of the doctrine of reasonable classification should be examined in the light of the doctrine of arbitrainess evolved recent by the supreme court Article 14 strikes at artibitrainess in state action because an albitary action will involve negation of equality. If the state action is arbitrary on irrarotional it would be treated as being against article -14 is primarily a gararantee against arbitrariness in state action and the doctrine of reasonable classification has been evolved only as a subridary rule for testing whether a particular action is arbitrary or not. Right equality affords protection not only against discliminatery laws passed by the legislature but also prevents aebitrary discretion being vested in the executive. Often administrative authorities are gien wide discretionary power. In such conditions the statute which confess such discretionary power on the administrative authorities should lay down some guidelines or principles according to which administrative authorites are to excrcise them. The statute should contain clear legislative policy for which the discretion is to be exercised. If the statute does not contain a clean legislative policy or guidenlines for the exercise of the discretion conferned by

it on the government or the adminstarive authorities, the statute itself will be disceminator and therefore against Article 14 and the way in which it applied will not material. Equality is antithetic to arbitrarinous. Exceptions:However it is to be noted that there are a few exceptions to the rule of equality. According to article 361 the president on the governer or Raj pramukh of the state shall not be answerable to any court for the exercise and performance of the power and duties of his officer or any act done or purporting to be done by him in the exercise and performance of there power and duties provided that the conduct of the president may be brought under review by any court, triburon or body appointed as derignated by either house of parliament for the investigation of a charge under article or provided further that this shall not restrict right of any person to bring appeopriate proceedings against the government of a state. Besides as article 361 (2) provides, no criminal priceeding shall be instituted or continued against the president of India or the government of a state in any court during his term of office. According to article 361 no process for the arrest or imprisonment of the president or the governer of a state shall issue by any court during his team of office. According to Article 361 (4) no civil proceeding in which the rulief is claimed against the president or the Governor of a state shall be instituted during his term of office in anyt court in respect of any act done or purported to be done by him in his personal capacity, whether before or after he entered

upon his office as president or as governor of such state until the expiration two months next after notice in writing has been delivered to the president or governor as the case may be left his office stating the nature of the proceeding the course of action therefore, the name description and plce of residence of the party place of residence of the party place of residence of the party by whom such proceeding are to be instituted and the relief which he claim. Besides foreign diplomats are also allowed immunity from the jurisdiction of the courts. The judges have also been allowed some special privileges and protection. A judge of supreme Court or of the high court cannot be removed from his office except by an order of the president passed after an address by each house of parliament supported by a majority of total members of that house and by a majority of not less than two thirds of the members of that house present and voting has been presented to the president in the same session for such removal on the ground of proved miss behavior or incapacity. Besides, neither the peivilages nor the allowances of a judge of high court of of the supreme court not his eights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment except to leave of absence or pension shall be varied to his disadvantage after his appointment after his appointment except in case of the procmbamatsion of financial emergency under Article 360. the salary and allowances o the judges of

supreme courts are changed upon the consalidat4ed found of India and they all not subject to vote of parliament;. Similarly the saleies and allowecnes of the judges of high courts are changed on the considated fund of the state and they are not votable. Article 121 provides that no discussion shall takes place in parliament with respect to the in parliament with respect to the conduct of any judge of the supreme court or of the high court in discharges of his dutyes except upon a motion for presenting on address to the president praying for the removal of the judge similarly no discussion shall take place in the state legistature with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties the high court or the supreme court con punish for contempt of itself. However it is notable that such exceptions are found even in ingland such exceptions have been created by the constitution which is the supreme law of the4 countary and therefore. The persons enjoying such peioleges cannot be said to be above the law.

Preservation and Enforcements or rule of law The constitution of India does not only establish the rule of law but also provides for its protection and enforcement. The judiciary has been made the guardian and protector o the constitution.

Article 141 provides that the law decleared by the supreme court share be binding on all courts within the territors of India. Article 141 provides that the supreme court in the exercise of its jueisdiction may pass such decree or make such orders as it necessary for doing complete justice in any cause or matter pending before it. Any decree so passed or order so made shall be emborcible through out the territory or India in such manner as many be preciabe by or under any law made by parliament and until provision in that behalf is so made in such manner as the president may by order prescribe. Subject to the provisions of any law made in this behalf by parliament, the supreme court shall as respects the whole of the territory of India have all the every power to make any order for the purpose of securing the attendance of any person the discovery or production any document or the investigation or punishment of any contempt of itself. Article 144 makes it clear that all authorities in the territory of India shall act in aid of the supreme court. The authorities which do not comply with its direction shall be liable for contempt of court. For the enforcement of supremacy of the constitution which is supreme law of the country the high court and the supreme court have been confereed on the power of judicial review. The jurisdiction under article 32, 136, 226, and 227 cannot be excluded even by the constitutional amendment. The judicial review is the part of the basic feature of the constitution. Article 32 makes it clear that in case of infeingement of the fundamental right, the righ to move

the rupeeme court it itself a fundamental right. Article 226 empower the high court to issue orders, writs etc. for the enforcement of any of the fundamental rights and also for the enforcement of any other right under any other right. Under article 32 the supreme court can issue order weists etc. only for the enforcement of any of the fundamental rights. In addition the contempt power of supreme court and high court has also played important role in the enforcement of the rule of law in the country. The contempt jurisdiction is very wide and lineament in the court of record.

Chapter IV Who may claim or to whom the protection is available:Article 14 confers right an all persons within the teuitory of India. The benefit of the article is not limited to citizens as under article 19. the word person include not only natural person but also legal or jueistic persons. Thus all companies, registered societies, statuary corporations or any societies statuary corporations or any other type of legal person can claim right of equality guarnated by Article 14. One question which needs enquiry is whether the word person in article 14 include state. In other words whether state can claim equality under article 14. this question becomes more complicated as a result of wider definition of state in Article 12. The constitution nowhere defines the word perrom as used in article 14. according to reaction 3 (42) of general clauses act the word person includes any company association or body of individuals. Whether incorparaed or not the supleme court has not considered this question. This question was raised in certain cases before high courts.

In Moti Lal V UP Government AIR 151 AII 257 Chief justice Malik o the allahabad high Court held that. When the government carries on business as incidental to its ordinary functions. Article

 14 cannot be invoked where however, it carrier on commercial undertaking on competitive basis and the undertaking is not indicidentla to its ordinary functions whether the state can claim differential treatment in matter of pemit would depend upon whether stat can or cannot be separately clarified. In support of this opinion he said that if the word person in article 14 was interpreted to include state then article 14 would conflict with article 289. the activity in question was transport business like a commercial activity and the majority of the coverts was of the view that in so far as section 42 (3) of the motor vehicles act 1939 exempted state transport buses from the application of certain provisions was in conflict with article 14 and therefore void. In Amraoti Electricity Supply Co. LTD N.H Majumdar AIR 1953 Nag 35 It was held that when a state government performs its essential governmental function, it is different all other person natural or artificial.

In Kesho Prasad V State of M.P. AIR 1955 Nag 177. It was held that article 14 maha a distinction between state and person wheareas the duty of guarantee to equal protection is cost on the rate the discrimination which it prohibits is between persons. In the opinion of court the word state has been used in the special sense as defined in article 12

which takes it out of the category of person. The court further observed that it is only when the state engager in activity which is outside the scope of it, ordinary functions of government, then the questions of its being categorized as a person for purpose of altide 14 can asise. The effect of these three sulings is that when state or government exercise essential governmental powers, it is not person within article 14 but when the state or government engager in a business or corporations, it subjects itself to the same obligation as are impared upon private individual or corporations.

In Shiv Prasad V Punjab State AIR 1957 Punj 150 In that case section 4 of peovincial insolvency oct which provided that an order of discharge shall not release that insolvent from any debt due to

government ws chalanged for violation of article 14 on the around that it had the effect of discrimination between various kinds of creditors. The high court held that neither the state. Not government was person within article in of the constitution The object of the guarantee being protection against discrimination by state, it would be illogical to suggest that person in article 14 includes state because that would mean that gurantee of equal protection can be therefore better if the word person in contrived to as to exclude all authorities which are

the state with the meaning of article 12. since the distinction between government and non governmental functions has been dislegarded by the supreme court in recent cases in interpreting the word state in article 12 it should be irrelevant in interputiny the word Person also

Against whom it may be claimed According to article 14 state shall not deny to any person equality beore the law or equal protection of laws within the teiory of India. It indicates that the right is available against the state and not against the private persons or bodies. The meaning of the term State has been given in article 12. it is to be noted that the state is liable to pay compensation for loss or injury caused to a citizen as a result of its arbitrary action

What is state against whom it may be claimed:According to Article 12 term State includes 1. All local or other authorities within the territory of India 2. all local or other author under the control of government of India of the local or other authorties are within the teritoyr of India, no further condition is required to be fulfilled and they will be included within the meaning of term state but if the local or other authorityes are outerside the territory of India. They will be included within the meaning of the term state if they are under the control of government of India

an authority will be considered under the control of the government of India, if the government of India has right to give direction to the authority to function in a particular manner. Such control is possible in a case of purely executive or administrative authority. Such is not possible in the case of judicial or quassi judicial authority to decido a particular matters before it in a particular manner. Territory of India The territory of India shall compeise the tersitories of the states the union territories specified in first schedule and such other other tevitors as may be aquived. Local authority:- According to sub reaction 31 of section 3 of the general clauses act 1897 local authority shall mean a municipal committee. District board body of commissiones or other authority legal entitled to or interested by the government within the control or management of a municipal or local fund. According to entry 5 of the first 11 of 7th schedule local government includes municipal corporation improvement trust, district boards, mining settlement authorities and other local authorities for the purpore of local self government or village administration. Village punchayat is also indude the term of local authority.

Other authorities. These is much conterversy as to the meaning and important of the term other authorityes.

In the case = Electricity board V Mohan Lal AIR 1967 SC 1857 Supreeme court held that the term other authorities includes all the authorties created by the constitution or statute and on whom powers are conferred by law, whether as not they are engged in performing government function. The statutory bodies like oil and natural gas commission, life insurance corporation. Industrial finance corporation. Luknow Development authority

M.K. Gupta

AIR 1994 (1) Sec 243

Howes today the issue is not only of award of compensation but who should bear the prevent . the concept of authority and power exercised by public functrionaries has many dimensions. The authority empowered to function under a statute while exercising power discharges public duty. In discharging this duty honestly or bona fide but if it is found that exercise of direction was male side and the complainant is entitle to compensation for mental and physical harassment then the officer can no more claim to be under the protective cover. But when it arises due to arbitary or capricious behaviour then it losses it individual character and assumes social significance harassment of a common law by public authorityes is socially abhosing and legally impermissible. It may harm him personally but the injury to the society is far

more grievous. The awardof compensation for harassment by public authorities not only compersates the individual statistces him personally but help in curing social evil. It may result in improving the work culture and help in changing the outlook 3.