We are familiar with the expression “police power” which is in vogue in the United States of America. ‘This expression simply denotes that in special cases the State can step in where its intervention seems necessary and impose special burdens for general benefit. As one of the Judges has pointed out,
“the regulations may press with more or less weight. upon one than upon another, but they are designed not to impose unequal or unnecessary restrictions upon anyone, but to promote, with as little individual inconvenience as possible, the general good.” (Per. Field J. in Barbier v. Connolly; 113 U. S. 27).
It need not be emphasised that the principles underlying what is known as police power in the United States of America are not peculiar to that country, but are recognised in every modern civilized State. Professor Willis dealing with the question of classification in exercise of police power makes the following observations:
“There is no rule for determining when classification for the police power is reasonable. It is a matter for judicial determination, but in determining the question of reasonableness the Courts must find some economic political or other social interest to be secured, and some relation of the classification to the objects sought to be accomplished. In doing this the Courts may consider matters of common knowledge, matters of common report, the history of the times, and to sustain it they will assume every state of facts which can be conceived of as existing at the time of legislation. The fact that only one person or one object or one business or one locality is affected is not proof of denial of the equal protection of the laws. For such proof it must be shown that there is no reasonable basis for the classification, (Page 580 of “constitutional Law”, 1st Edition, by Prof. Willis)”.
