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december 1960

Supreme Court of India · 1960-12-06

GAZULA DASARATHA RAMA RAO vs THE STATE OF ANDHRA PRADESH & OTHERS

Citation / case number
SC 1959/24
Court
Supreme Court of India
Petitioner
GAZULA DASARATHA RAMA RAO
Respondent
THE STATE OF ANDHRA PRADESH & OTHERS
Author
DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.,AYYANGAR, N. RAJAGOPALA
Bench
DAS, S.K.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the office of Village Munsif is an office under the State as per Article 16 of the Constitution of India. It ruled that Section 6(1) of the Madras Hereditary Village-Offices Act, 1895, which allows selection based on hereditary descent, violates Article 16(2) by discriminating against citizens on the basis of descent. The court concluded that individuals entitled to such offices do not possess a pre-existing right to the office's emoluments independent of the office itself, thereby affirming the unconstitutionality of the hereditary principle in this context.

GAZULA DASARATHA RAMA RAO vs THE STATE OF ANDHRA PRADESH & OTHERS · Niyam