STATE OF GUJARAT versus MIRZAPUR MOTI KURESHI KASSAB JAMAT AND ORS.

STATE OF GUJARAT versus MIRZAPUR MOTI KURESHI KASSAB JAMAT AND ORS.

The Bombay Animal Preservation (Gujarat Amendment) Act, 1994, is intra vires the Constitution. The total ban on slaughter of cow progeny is reasonable, serves public interest, and enables environmental and economic protection in line with Directive Principles. Earlier decisions (Mohd. Hanif Quareshi and Ors. v....

Source-derived case information.

Parties
Appellant: State of Gujarat; Respondents: Mirzapur Moti Kureshi Kassab Jamat and Ors.
Jurisdiction
India
Judgment Date
26 October 2005
Procedural Posture
Appeal / Supreme Court (constitution Bench) Decision
Outcome
Appeals Allowed (Majority: Constitutional validity of Act upheld; Dissenting: Appeals Dismissed)
Legal Topics
Article 19(1)(g) and (6) Reasonable Restrictions, Directive Principles of State Policy, Ban on Slaughter of Cows and Progeny, Stare Decisis
Constitutional Law Administrative Law Animal Law Article 19(1)(g) and (6) Reasonable Restrictions Directive Principles of State Policy Ban on Slaughter of Cows and Progeny Stare Decisis

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Summary, issues, holding and outcome

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Parties

State of Gujarat

Appellant

Mirzapur Moti Kureshi Kassab Jamat and Ors.

Respondents

Procedural Posture

Appeal / Supreme Court (constitution Bench) Decision

Legal Issues

  1. 1 Whether the Bombay Animal Preservation (Gujarat Amendment) Act, 1994, imposing a total ban on slaughter of bulls and bullocks irrespective of age, is constitutional and intra vires the Constitution of India
  2. 2 Whether the restriction imposed by the Act is reasonable in the interests of the general public under Article 19(6)
  3. 3 Interplay between Fundamental Rights (Part III) and Directive Principles (Part IV)

Ratio Decidendi

The Bombay Animal Preservation (Gujarat Amendment) Act, 1994, is intra vires the Constitution. The total ban on slaughter of cow progeny is reasonable, serves public interest, and enables environmental and economic protection in line with Directive Principles. Earlier decisions (Mohd. Hanif Quareshi and Ors. v. State of Bihar and Ors.) were partly overruled since the introduction and expanded understanding of Articles 48, 48-A, and 51-A now justify such a ban.

Court Disposition

Appeals Allowed (Majority: Constitutional validity of Act upheld; Dissenting: Appeals Dismissed)

Orders

  • Bombay Animal Preservation (Gujarat Amendment) Act, 1994, held intra vires and constitutionally valid
  • High Court judgment set aside (by majority)