Section 76: Discrimination – Equality of treatment—The plaintiff (now respondent)

76. Discrimination – Equality of treatment—The plaintiff (now respondent) had, by way of an action entered under section 17 of the Constitution, contested the validity of certain Regulations dealing with the subjects to be offered by candidates sitting for the Certificate of Primary Education Examinations. The Supreme Court struck down the regulations. The defendant appealed to the Judicial Committee of the Privy Council. HELD sections 3 and 16, even if construed with section 1, do not apply to inequalities of treatment on grounds falling outside those enumerated. Such inequalities are not subject to review. The question of whether they are justifiable is one which the Constitution has entrusted to Parliament or, subject to the usual principles of judicial review, to the Minister or other public body upon whom Parliament has conferred decision-making authority. The application for constitutional redress was dismissed. (Judicial Committee) Matadeen v Pointu (1998).