V.BALAKRISHNA ERADI, V.KHALID, O.CHHINNAPPA REDDY, E.S.VENKATARAMIAH, R.B.MISRA
Municipal Corporation Of The City Of Ahmedabad – Appellant
Versus
Jan Mohammed Usmanbhal – Respondent
Judgment
R. B. MISRA J. :- Slaughter of cows and calves has been a sensitive issue and it has generated violent sentimental differences time and again between different sections of the people of this country. Part IV of the Constitution of India enshrines what are called the Directive Principles of State Policy. These Directive Principles are not enforceable in a court of law but are nevertheless fundamental in the governance of the country and are to be applied by States in making laws. Article 48 contained in Part IV provides :
"48. The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle."
2. It appears that pursuant to Article 48 of the Constitution several States enacted laws for the preservation and prohibition of the slaughter of cows and calves and other milch and draught cattle. The State of Bihar enacted the Bihar Preservation and Improvement of Animals Act, 1955; the U.P. State enacted the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Madhya Pradesh enacted th
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