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Administrative Discretion and Fundamental Rights

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  • GM Uttaranchal Jal Sansthan vs Laxmi Devi, AIR 2009 SC 3121: Equality clause cannot be applied in a case where it arises out of illegality.
  • State of West Bengal vs Anwar Ali, AIR 1952 SC 75: The West Bengal Special Courts Act, 1950 and notification issued thereunder were held invalid, as it made no reasonable classification.
  • Kathi Ranning vs State of Saurashtra, AIR 1952 SC 123: Section 11 of Saurashtra State Public Safety Measures Ordinance, 1948 as amended was upheld as the preamble of the Act stated the policy was to provide for security of the State, maintenance of public order and maintenance of supplies and services essential to the community in the state of Saurashtra.
  • Kedar Nath vs State of West Bengal, AIR 1953 SC 409: There may be endless variations from cases in the facts and circumstances of the same type of offenses, and in many of those cases there may be nothing that justifies or calls for the application of the provisions of the special Act.
  • Tika Ram Ji vs State of UP, AIR 1956 SC 676: Where the statute confers wide powers and at the same time provides procedural safeguard against arbitrary exercise of power, it would uphold such powers. In the case, the court held that the power was not to be bad under Article 14 as it confers safeguards against its exercise in a discriminatory manner.
  • Bishwambhar vs State of Assam, AIR 1954 SC 139: In a case related to an Act allowing the State Government to take estate from Zamindars, the court held that all estates could not be taken over at once owing to financial difficulties and therefore, from the very nature of the things it was necessary to give 'certain amount of discretionary latitude to the State Government'.

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