Supreme Court of India · 1973-12-17
STATE OF PUNJAB AND ANR. vs KHAN CHAND
- Citation / case number
- SC 1967/272
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB AND ANR.
- Respondent
- KHAN CHAND
- Bench
- RAY, A.N. (CJ),KHANNA, HANS RAJ,MATHEW, KUTTYIL KURIEN,ALAGIRISWAMI, A.,BHAGWATI, P.N.
Judgment text excerpt
The Supreme Court held that Section 2 of the East Punjab Movable Property (Requisitioning) Act, 1947, is unconstitutional as it confers arbitrary powers for requisitioning movable property without any guidelines, violating Article 14 of the Constitution. The Court emphasized that while discretion can be granted to authorities, it must be accompanied by clear guidelines to prevent arbitrariness. The absence of such guidelines renders the provision invalid, as it leads to discrimination and undermines the principle of equality enshrined in Article 14.