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.