STATE OF TAMIL NADU Vs. L ABU KAVUR BAI:V K ELAIYALWAR:STATE OF TAMIL NADU:STATE OF TAMIL NADU

JUDGEMENT

(1.) ONE of the planks of building an egalitarian society in order to achieve socio-economic emancipation is the policy of nationalisation of industries. Easy, cheap and dependable transport is a prime social necessity. Unfortunately, no State has been able to achieve this goal so far by a full-fledged nationalisation. Reliance is largely placed on schemes framed under Ch. IV-A of the Motor Vehicles Act.

(2.) PERHAPS Karnataka was the only State which having become 'sadder and wiser' took the lead in enunciating the bold step of complete nationalisation of the entire transport industry but, unfortunately, it has not yet been able to implement it fully.

(3.) IT is this judgment of the High court which is the subjectmatter of appeals and Writ Petition before us. The Madras High court declared the Act ultra vires as being violative of Articles 14 and 19 of the Constitution as it did not fall within the protective umbrella contained in Article 31-C and on a number of other grounds which would be examined hereafter.