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1999 Supreme(SC) 396

Secretary, H. S. E. B. – Appellant
Versus
Suresh – Respondent


Judgment

Banerjee, J.-The doctrine of equality as enshrined in the Constitu­tion promised an egalitarian society and the Contract Labour (Regula­tion and Abolition) Act, 1970 is the resultant effect of such a con­stitutional mandate having its due focus in that perspective. This Court in Minerva Mills’ case1 in no uncertain terms laid down that the equality clause in the Constitution does not speak of mere formal equality before the law but embodies the concept of real and substan­tive equality which strikes at the inequalities arising on account of very social and economic differentiation and is thus consequently an essential ingredient of social and economic justice. In short, this Court has equated the security clause in the Constitution so as to mean that the people of the country ought to be secured of socio-economic justice by way of a fusion of Fundamental Right and Directive Principles of State Policy. As a matter of fact this Court has been candid enough on more occasions than one and rather, frequently to note that socialism ought not to be treated as a mere concept or an ideal, but the same ought to be practised in every sphere of life and be treated by the law courts as

































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