Articles from General Knowledge Today

Article 14 of Constitution of India & Doctrine of

Reasonable Classification
2013-03-10 16:03:43 GKToday

Article 14 says that State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India. Equality before law as
provided in the Article 14 of our constitution provides that no one is above the law of
the 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 embodied
in the Preamble of the Constitution.
However, Article 14 does not mean that all laws must be general in character or that
the same laws should apply to all persons or that every law must have universal
application. This is because all persons are not, by nature, attainment or
circumstances in the same positions.
Thus, the State can treat different persons in differently if circumstances justify
such treatment. Further, the identical treatment in unequal circumstances would
amount to inequality.
Thus, there is a necessity of the "reasonable classification" for the society to
progress. The Supreme Court has maintained that Article 14 permits reasonable
classification of persons, objects, transactions by the State for the purpose of
achieving specific ends that help in the development of the society. However, Article
14 forbids "class legislation". Class legislation makes an improper discrimination by
conferring 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 'fair
and equitable" treatment under Article 14 illusory. Here comes the role of "Test of
reasonable classification". The Test of Reasonable Classification says that the
classification must be based upon intelligible differentia that distinguishes persons or
things that are grouped from others that are left out of the group. This differentia
must have a rational relation to the object of classification. There should be a relation
between the differentiations to the object of the classification. If there are no such
relations, the reasonable classification would fail.
For example denial of grant to a private college teaching law while giving grant to
other private colleges teaching other subjects is not permissible. However, reduction
of age from 58 years to 55 years is permissible.