Supreme Court of India · 1986-02-27
ATAM PRAKASH vs STATE OF HARYANA & ORS.
- Citation / case number
- SC 1984/68324
- Court
- Supreme Court of India
- Petitioner
- ATAM PRAKASH
- Respondent
- STATE OF HARYANA & ORS.
- Author
- BHAGWATI, P.N. (),REDDY, O. CHINNAPPA ,MISRA, R.B. ,KHALID, V. ,OZA, G.L.
- Bench
- BHAGWATI, P.N. (CJ),REDDY, O. CHINNAPPA ,MISRA, R.B. ,KHALID, V. ,OZA, G.L.
Judgment text excerpt
The Supreme Court held that Section 15 of the Punjab Pre-emption Act, 1913, as applicable in Haryana, is unconstitutional as it establishes a right of pre-emption based on consanguinity, which is inconsistent with modern societal values and principles of equality under Articles 14 and 15 of the Constitution. The Court found that the classification of kinsfolk entitled to pre-emption lacks reasonable justification and is a relic of feudalism. However, certain clauses of Section 15 were upheld as valid, not infringing on constitutional rights.