Articles from General Knowledge TodayArticle 14 of Constitution
of India & Doctrine ofReasonable Classification2013-03-10
16:03:43 GKToday
Article 14 says that State shall not deny to any person equality
before the law or theequal protection of the laws within the
territory of India. Equality before law asprovided in the Article
14 of our constitution provides that no one is above the law ofthe
land. Rule of the Law is an inference derived from Article 14 of
the constitution.The article 14 aims to establish the "Equality of
Status and Opportunity" as embodiedin the Preamble of the
Constitution.However, Article 14 does not mean that all laws must
be general in character or thatthe same laws should apply to all
persons or that every law must have universalapplication. This is
because all persons are not, by nature, attainment orcircumstances
in the same positions.Thus, the State can treat different persons
in differently if circumstances justifysuch treatment. Further, the
identical treatment in unequal circumstances wouldamount to
inequality.Thus, there is a necessity of the "reasonable
classification" for the society toprogress. The Supreme Court has
maintained that Article 14 permits reasonableclassification of
persons, objects, transactions by the State for the purpose
ofachieving specific ends that help in the development of the
society. However, Article14 forbids "class legislation". Class
legislation makes an improper discrimination byconferring
particular privileges upon a class of persons.However, some argue
that the extensive use of device of "reasonable classification"by
State and its approval by the Supreme Court has rendered the
guarantee of 'fairand equitable" treatment under Article 14
illusory. Here comes the role of "Test ofreasonable
classification". The Test of Reasonable Classification says that
theclassification must be based upon intelligible differentia that
distinguishes persons orthings that are grouped from others that
are left out of the group. This differentiamust have a rational
relation to the object of classification. There should be a
relationbetween the differentiations to the object of the
classification. If there are no suchrelations, the reasonable
classification would fail.For example denial of grant to a private
college teaching law while giving grant toother private colleges
teaching other subjects is not permissible. However, reductionof
age from 58 years to 55 years is permissible.
Articles from General Knowledge TodayArticle 14 of Constitution
of India & Doctrine of Reasonable Classification
