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On the other hand, there is ample authority in the American decisions for the view that the necessarily large powers vested in a legislature must include the power of entrusting to an administrative body a plenary but not arbitrary discretion to be exercised so as to carry out the purpose of an enactment. The two cases referred to by the learned Attorney-General in this connection do not really support his contention. , 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 women, assume such proportions as would be sufficient to constitute them into a special class of offences requiring special treatment ?

There is nothing sacred or sacrosanct about the test of reasonable classification, but it has undoubtedly proved to be a useful basis for meeting attacks on laws and offi- cial acts on the ground of infringement of the equality principle. That cannot be when Ramchandra is tried by one procedure and Sakharam, similarly placed, facing equally serious charges, 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 also answering for his life and liberty, 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 ‘by another which differs radically from the first. No attempt has been made in the present case to prove that the State Government was influenced by any discriminatory motive or design.

It is true the judges who thus contributed to its growth were not importing personal predilections into the result and merely stated what was the law applicable to that particular ease. Further, as I have already explained, the object of the Act cannot, by itself, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 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 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 be the basis of the selection which, I repeat, must be based on some differentia distinguishing the ‘ ‘case” from other ‘ ‘cases” and having a relation to the object of the Act. The notifications issued under that sub- section were also held to be invalid for the same reason.

I must confess that I have been trying hard to think how the Act can be saved, 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 the best argument that came to my mind in support of it was this :–The Act should be held to be a good one, because it embodies all the essentials of a fair and proper trial, namely, notice of the charge, right to be heard and the right to test and rebut the prose- cution evidence, access to legal aid, and trial by an impartial and experienced court. This seemed to me to be the best argument in favour of the Act but the more I thought of it the more it appeared to me that it was not a complete answer to the problem before us.

Sen, with him for the appellant in Case No Jitendra Nath Ghose R. Commenting on this observation in his dissenting opinion in Connoly v. Such being the meaning and implication of this part of section , the question arises whether the process of classification thus contemplated by the Act conforms to the requirements of reasonable classification which does not offend against the Constitution. This, no doubt, is a possible result but the difficulty envisaged is by no means insurmountable.

In my opinion, this contention cannot be accepted for more reasons than one. If the discretion given to the State Government should be exercised improperly or arbitrarily, the administrative action may be challenged as discriminatory, but it cannot affect the constitutionality of the law. that the expediency of speedier trial is “too vague and indefinite” to be the basis of a “well de- fined” classification.

An experienced lawyer is likely to handle your case better and offer you results which are acceptable for. It may be that in making the selection the authorities would exclude from the list of offences other offences of a cognate character in respect to which no difference in treatment is justifiable. Classification is the recognition of those relations, and, in making it, a legislature must be allowed a wide latitude of discretion 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 judgment.

These and other provisions of the Act make it clear that the rights of the accused have been curtailed in a substantial manner by the impugned legislation; and if the rights are curtailed only in certain cases and not in others, even though the circum- stances in the latter cases are the same, a question of discrimination may certainly arise. The learned Chief Justice rejected the argument that the word “cases” in the sub-section should, in view of the title and preamble of the Act.

The policy or idea behind the classification should at least be adumbrated, if not stated, 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 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. There a statute of Oklahoma provided for the sterilization of cer- tain habitual criminals, who were convicted two or more times in any State, of felonies involving moral turpitudell.

The differ- entia 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. Kapur, with him for the respond- ent in Case No . which later prevailed in Tigner v U. This kind of argument however does not appear to me to solve the diffi- culty. This is illustrated by the case of Skinner v. 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.

The mere fact of classification is not sufficient to relieve a statute from the reach of the equality clause of article . If the Act does not enunciate any principle on the basis of which the State Government could select offences or classes of offences or cases or classes of cases and the State Government is left free to make any arbitrary selection according to their will and pleasure then the Act is void. Upholding the constitutionality of the law as well as the manner in which it was administered, the Court said: “The constitutional command for a State to afford equal protection of the laws sets a goal not attain- able by the invention and application of a precise formula.

It is difficult, if not impossible, to conceive of an individual “case”, as distinct from a “class of cases”, as a class by itself within the rule of permissi- ble and legitimate classification. –We are concerned here with article of the Constitution and in particular with the words “equality before the law” and “equal protection of 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. provided that “A Special Court shall try such offences or Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 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 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 classes of offences or cases or classes of cases, as the State Government may by general or special order in writing, direct.

, “means a proper classification. An affirmative finding on the point may not, howev- er, be decisive of the issue. The preamble to the Constitution mentions one of the objects to be to secure to all its citizens equality of status and opportunity. You can also enable it to be as the uniform within daily life-time. Section then lays down that a Special Court shall try such offences or classes of offences or cases or classes of cases as the State Gov- ernment may, by general or special order, in writing direct.

This test will permit even fla- grantly discriminatory State action on the specious plea of good faith and of the subjective view of the executive authority as to the existence of a supposed general interest of administration. Ed all parties would have equal opportunities of availing themselves of this procedure if they so liked. Prima facie those words do not contem- plate any particular offender or any particular accused in any particular case.

Such views must take into consideration the practical necessities of government, the right to alter the laws and many other facts, but in the forefront must remain the freedom of the individual from unjust and unequal treatment, unequal in the broad sense in which a democracy would view it. But the question is: how is this necessi- ty of speedier trial to be determined ? S Speedier trial of offences may be the reason and motive for the legislation but it does not amount either to a classification of offences or of cases.

It encounters and must deal with the problems which come from persons in an infinite variety of relations.

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