Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 Articles 14 15 16 19(1)(g) and 3721 Punjab Excise Act 1914 S.30: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950; Articles 14, 15, 16, 19(1)(g) and 372/ Punjab Excise Act, 1914; S.30:Right to employment - Prohibition in employment - S.30 of the Act prohibiting employment of men under 25 years of age and women in any premises where liquor/intoxicating drug is being served - Constitutionality of - Held: High Court rightly held s.30 of the Act ultra vires Articles 14, 15 and 19(1)(g) of the Constitution - 1914 Act is a pre-constitutional legislation - Changed social psyche and expectations with time are important factors to be considered in the upkeep of law - When the Act was enacted, concept of equality between two sexes was unknown - However, with the framing of articles 14 and 15, the constitution makers intended to apply equality amongst two sexes in all spheres of life - Impugned provisions provide for wide restriction by prohibiting employment of men and women below 25 years of age in any premises where liquor is served-Thereby young graduates of Hotel management Course would be deprived of their right to employment without any rational criteria to justify such prohibition - Instead of putting restrictions on women's freedom, empowerment in the law enforcement strategies would be more tenable and socially wise approach - It is for the Court to review that the majoritarian impulse rooted in moralistic tradition do not impinge upon individual autonomy - Impugned legislation with pronounced protective legislation suffers from incurable fixation of stereotyped morality and conception of sexual role - Thus, outmoded in content and stiffing in means-Personal freedom is a fundamental tenet which could not be compromised in the name of expediency until and unless there is compelling State purpose - Only on a pre-supposition of happening of some incident, a law cannot be declared intra vires which is ex facie ultra vires - Thus, no infirmity found in the decision of the High Court holding the impugned Section 30 of the Act ultra vires Articles 14, 15 & 19(1)(g) - Right to equality - Right to employment - Judicial review:Doctrines:Doctrines of "Res Extra Commercium Issue" and "Parens Patriae Power of State" - Applicability of.Judicial deprecation - Held: Practice of raising a contention before Supreme Court which not only had not been raised before the High Court but in an appeal filed by others maintainability whereof is in question is deprecated.Words and Phrases:'Justice discourse' and 'Privacy rights' - Meaning of.The first respondent with four others filed a writ petition before the Delhi High Court questioning the validity of the provision under Section 30 of the Punjab Excise Act, 1914. The High Court declared Section 30 of the Act ultra vires Articles 19(1)(g), 14 and 15 of the Constitution of India to the extent it prohibits employment of any men/woman in any part of such premises, in which liquor or intoxicating drugs are consumed by the public. Hence, the present appeals.Appellants contended that as nobody has any fundamental right to deal in liquor, being 'res extra commercium', the State had the right to make a law and/or continue the old law imposing reasonable restrictions on the nature of employment therein. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1242 |
Petitioner | Anuj Garg & Ors. |
Respondent | Hotel Association Of India & Ors. |
SCR | [2007] 12 S.C.R. 991 |
Judgement Date | 2007-12-06 |
Case Number | 5657 |
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