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Report No. 145

5.13. The fundamental issue: Equality.-

What has been stated in the preceding few paragraphs is by way of dealing with the main grievances made against the present position by those concerned. Much more important is the basic question of constitutional objections. Leaving aside specific provisions in Part III of the Constitution, one has still to take note of the philosophy of equality, enunciated in the Preamble to the Constitution. Consistent with this philosophy, it will be difficult to take the stand that public authorities and public undertakings should be allowed to operate in manner which will not take notice of equality.

It would be found that much of the case law that has emanated in this sphere, where it insists on the absence of arbitrariness in State action, expressly or impliedly derives its lineage from the paramount consideration of equality, which demands that arbitrariness, or a reasonable suspicion of arbitrariness, should be avoided in State action. To give a goby to the doctrine of equality is to wipe off from the print of the Constitution the ideals which are the inspiring forces underlying the Preamble to the Constitution.

Article 12 of the Constitution and Public Sector Undertakings Back

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