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An accused person charged with a particular of- fence may be tried under the Act while another accused person charged with the same offence may be tried under the Code. Oklahoma struck down the Oklahoma Habitual Criminal Sterilisation Act which USSC ; US. Their number is legion and it is possible to alight on decisions in support of propositions, apparently even conflicting, if we divorce them from the context of the particular facts and circumstances and Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 ignore the setting or the background in which they were delivered.

It is said that the State has full control over procedure in courts, both in civil and criminal cases, it can effect such changes as it likes for securing due and efficient administration of justice and a legislation of the character which we have got here and which merely regulates the mode of trial in certain cases cannot come within the description of discriminatory or hostile legislation. There was present to the collective mind of the Constituent Assembly, reflecting the mood of the peoples of India, Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 the memory of grim trials by hastily constituted tribunals with novel forms of procedure set forth in Ordinances promulgated in haste because of what was then felt to be the urgent neces- sities of the moment.

To my mind they do not carry us one whit beyond the original words and Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 are no more satisfactory than saying that all men are equal before the law and that all shall be equally treated and be given equal protection. "The notification by which the case of Anwar Ali Sirkar the respondent herein was directed to be tried by the special court did not relate merely to that case but covered five more cases in each of which the accused were several in number.

if the State gov- ernment classifies offences arbitrarily and not on any reasonable basis having a relation to the object of the Act, its action will be either an abuse of its power if it is purposeful or in excess of its powers even if it is done in good faith and in either case the resulting discrimination will encounter the challenge of the Constitution and the Court will strike down, not the law which is good, but the abuse or misuse or the unconstitutional administration of the law creating or resulting in unconstitutional discrimi- nation.

The policy or idea behind the classification should at least be adumbrated, if not stated, so that the court which has to decide on the constitutionality might be seized of something on which it could base its view about the propriety of the enactment from the standpoint of dis- crimination or equal protection. That sort of classification will, therefore, not clearly be a proper classification such as the Act must be deemed to contemplate. The provision of the American Constitution which corresponds to article has, ever since that Constitution has been in force, greatly exercised the minds of the Ameri- can Judges, who, notwithstanding their efforts to restrict its application within reasonable limits, have had to de- clare a number of laws and executive acts to be unconstitu- tional.

Cases of this type must be decided solely on the basis whether the Constitution forbids it. Take first the words "equality before the Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815". That is no part of a Judge's province. I find it impossible to read these portions of the Con- stitution without regard to the background out of which they arose. A good defense Attorney can lesson the consequences imposed on drunk drivers, but this is a crime alone. The different sec- tions of the Act have been analysed and the important dif- ferences have been clearly indicated by the learned Chief Justice of West Bengal and need not be repeated in detail.

In that case, the statute provided that it was "obligatory on the owners of adjoining coal proper- ties to leave, or cause to be left, a pillar of coal in each seam or vein of coal worked by them, Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 along the line of adjoining property, of such width that, taken in connection with the pillar to be left by the adjoining property owner, Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 will be a sufficient barrier for Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 the safety of the employees of either mine in case the other should be abandoned and allowed to fill with water; such width of pillar to be determined by the engineers of the adjoining property owners together with the inspector of the district in which the mine is situated.

provided that "A Special Court shall try such offences or classes of offences or cases or classes of cases, as the State Government may by general or special order in writing, direct. " In order to be a proper classification so as not to offend against the Constitution it must be based on some intelligible differentia which should have a reason- able relation to the object of the Act as recited in the preamble.

It is just what happened in the cases of blasphemy and sedition in England. The Court is expressly empowered to convict a person of an offence with which he was not charged if it transpires from the evidence adduced at the time of trial that such offence was committed by him, Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 and it is immaterial that the offence is not a minor offence. They arose out of the fight for Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 freedom in this land and are but the endeavour to compress into a few pregnant phrases some of the main attributes of a sovereign democratic republic as seen through Indian eyes.

It was suggested that good faith and knowledge of exist- ing conditions on the part of a legislature has to be pre- sumed. The fact that it gives unre- strained power to the State Government to select in any way it likes the particular cases or offences which should go to a Special Tribunal and withdraw in such cases the protec- tion which the accused normally enjoy under the criminal law of the country, Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 is on the face of it discriminatory. The emphasis is on "offences", Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 ' 'classes of offences" or "classes of cases".

The argument that changes in procedural law are not material and cannot be said to deny equality before the law or the equal protection of the laws so long as the substan- tive law remains unchanged or that only the fundamental rights referred to in articles to should be safeguard- ed is, on the face of it, unsound. The first difference is that made in section of the Act which lays down that the Special Court may take cognizance of an offence without the accused being committed to it for trial, and that in trying the accused it has to follow the procedure for trial of warrant cases by Magis- trates.

Agent for the State of Hyderabad and for the State of Mysore Interveners :P. In the well known case of Yick Wo v. Persons thus sent up for trial by a Special Court cannot point their fingers to the other persons who may be charged before an ordinary Court with similar or even same species of offences in a different place and in different circum- stances and complain of unequal treatment, for those other persons are of a different category and are not their equals.

The departure in each case is plainly calculated to shorten the trial and thus to attain the declared objective of the statute. This is not a reasonable classification at all but an arbitrary selection. particular person or persons but is made in the general interest of administration, there is no infringement of article . The same view was expressed by Holmes J. The plaintiff company urged that the Act upon which the bill was based "was confiscatory, unconstitutional, and void".

It may be valid when given a particular application and invalid when given another. " The seven principles formulated by Fazl Ali J. Dealing with these facts the court observed: "Though the law itself be fair on its face and impartial in appearance, yet if it is applied and administered by public authority with an evil eye and an unequal hand so as to practically make unjust and illegal discrimination between persons in similar circum- stances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.

-- Article 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 for the purposes of legislation, but the classification must be rational, and in order to satisfy this test i the classification must be founded on an intelligible differen- tia which distinguished those that are grouped together from others, and ii that differentia must have a rational relation to the object sought to be achieved by the Act.