Supreme Court of India · 2005-10-26
STATE OF GUJARAT vs MIRZAPUR MOTI KURESHI KASSAB JAMAT
- Citation / case number
- SC 1998/11526
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT
- Respondent
- MIRZAPUR MOTI KURESHI KASSAB JAMAT
- Bench
- LAHOTI, R.C. (CJI),AGRAWAL, B.N. ,KUMAR, ARUN ,MATHUR, G.P. & MATHUR, A.K. ,THAKKER, C.K. & BALASUBRAMANYAN P.K.I.
Judgment text excerpt
The Supreme Court upheld the High Court of Gujarat's ruling that Section 2 of the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 is ultra vires the Constitution. The Court emphasized that the amendments made to Section 5 of the Bombay Animal Preservation Act, 1954, which restrict slaughtering of certain animals, must align with constitutional provisions. The judgment reinforces the principle that legislative enactments must not contravene constitutional mandates, leading to the dismissal of the appeals.