other grounds. However, an
5
Ben Smith, Intersectional Discrimination and Substantive Equality: A Comparative and Theoretical Perspective,
The Equal Rights Review
that the constitutional right of speedy trial envisages an equally expeditious conclusion of a substantive appeal and not merely a technical completion of the proceedings ... years including those during the pendency of substantive appeals. In this context, one is equally reminded of the famous dissent of Lord Atkin
declares that “all persons are equal under the law and
are entitled without any discrimination, to equal protection of the
law…”.
31. The Convention ... equality is a
fundamental right. All persons are equal before the law and are
entitled to equal protection of the laws, be it substantive
January 26, 1950, the appellants, no doubt, had the right to the equal protection of the law; but, as has been repeatedly pointed out, that ... void by reason of its repugnancy to the equal protection, clause of the Constitution? Although the substantive rights and liabilities acquired or accrued before
conviction was not illegal.
Held,by a majority, that although substantive rights
and liabilities acquired or accrued before the date of the
Constitution remain enforceable ... void by reason of its repugnancy to the equal protection
clause of the Constitution? Although the substantive rights
and liabilities acquired or accrued before
proceedings in the original trial Court alone, but, equally includes the subsequent substantive appeal therefrom. Thus, if the word 'trial' herein includes ... later appeal as well, then on a parity of reasoning, it must equally include the preceding police investigation. In a criminal prosecution initiated
That the constitutional right of speedy trial envisages an equally expeditious conclusion of a substantive appeal and not merely a technical completion of the proceeding ... horrendous delay, extending beyond a decade in a criminal trial (including a substantive appeal) on a capital charge, involving the reversal of a double presumption
G.K. Moopanar, M.L.A. And Others vs State Of Tamil Nadu on 16
proceedings in the original trial Court alone, but, equally includes the subsequent substantive appeal therefrom. Thus, if the word 'trial' herein includes ... later appeal as well, then on a parity of reasoning, it must equally include the preceding police investigation. In a criminal prosecution initiated
That the constitutional right of speedy trial envisages an equally expeditious conclusion of a substantive appeal and not merely a technical completion of the proceeding ... horrendous delay, extending beyond a decade in a criminal trial (including a substantive appeal) on a capital charge, involving the reversal of a double presumption