Tuesday, 8 September 2020

Principle of Reasonable Classification

Principle of Reasonable Classification: - The concept of equality is subject to the reasonable classification because the different to different people, places, circumstances, situations, living standard & other connected things are found. The reasonable classification is not essential but also compulsory for the interest and welfare of people. The principle of reasonable classification has been incorporated under article 14 of the Constitution of India. “Article 14 permits classification. Classification is merely a systematic arrangement of things into groups or classes, usually in accordance with some definite scheme. But, the classification permitted by the article 14 must rest upon reasonable grounds of distinction. It must not be ‘arbitrary, artificial or evasive. It must be a reasonable classification. In Chiranjit Lal Chowdhury v. Union of India the court observed that the law would be constitutional, even if it applied to one person or class of persons, if there was sufficient basis or reason for it” and held that, a single person can be treated as a class in extraordinary circumstance. “The Court in the leading judgment R.K. Dalmia v. Justice Tendolkar laid down following test to determine the question of reasonableness of a classification. These have been held to be the central tests for permissible classification. These are: - (i) That, the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (ii) That, the differentia must have a rational relation to the object sought to achieve by the statute in question.” The relevant case laws are as: - Bihar State v. Bihar State + 2 Lectureres , Air India v. NargisMirja , Indian council of Legal aid and Advice v. Bar Council of India BhartiyaComyunist Party v. Bharat Kumar , State of Orissa v. BalramSahu. Jammu Kashmir v. BakhshiGulam Mohammad.

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