Reasonable classification article 14

The fundamental principle is that article 14 forbids class legislation but permits reasonable classification for the purpose of legislation which classification must satisfy the twin tests of classification being founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out. Article 14 forbids class legislation it does not forbid reasonable classification of persons, objects, and transactions by the legislature for the purpose of achieving specific ends classification to be reasonable should fulfill the following two tests. Article 14 of constitution of india from lawnotesin and that it is not a violation under article 14 or 16 on the grounds of discrimination of sex because the decision had reasonable classification and having a nexus with the object sought to be achieved the court held that the power was not to be bad under article 14 as it confers.

16 article 14 forbids class legislation but permits reasonable classification provided that it is founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and the differentia has a rational nexus to the object sought to be achieved by the legislation in question. Article 14 requires the observance of the principals of natural justice, including the requirement of reasoned decisions the decision making process should be transparent fair and open the right to get a fair trial is a basic fundamental/human right. Article 14 forbids class legislation, but does not forbids classification which rests upon reasonable grounds of distinction the principle of equality does not mean that every law must have universal application to all persons who are not by nature, attainment or circumstances in the same position.

Fundamental right article 14 - complete course on indian polity for upsc cse part 4 - duration: 11:18 unacademy - government exams 6,296 views. Article 14 of constitution of india & doctrine of reasonable classification 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. However, it must be noted that article 14 permits reasonable classification, provided that it is based on ‘intelligible differentia’, and such ‘intelligible differentia’ must have a. According to this doctrine equal protection of laws prohibits class legislation but permits reasonable classification of persons or things 3 by expressly incorporating in the second part of article 14 the language of the 14th amendment of the us constitution, the constituent assembly impliedly had approved the interpretation of that clause. Test of reasonable classification while article 14 forbids class legislation it does not forbid reasonable classification of persons, objects, and transactions by the legislature for the purpose of achieving specific ends.

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. In view of the above, the bill upholds the sanctity of the reasonable classification test under article 14 of the constitution since the classification attempted in the bill is clear and substantial and there are sufficient reasons for making the distinction. While article 14 frobids class legislation it does not forbid reasonable classification of persons, objects, and transactions by the legislature for the purpose of achieving specific ends but classification must not be “arbitrary ,artificial or evasive.

Reasonable classification article 14

reasonable classification article 14 Summary of article 14 of the constitution of india article shared by  a law creating special courts can, therefore, be sustained only if it makes a reasonable classification either of the offences or the persons triable by the special courts difficulties usually arise when the law establishing these courts fails to do so itself and.

In fact, identical treatment in unequal circumstances would amount to inequality 8 so a reasonable classification is only not permitted but is necessary if society is to progress9 thus, what art 14 forbids is class legislation but it does not forbid reasonable classification. _(these are the notes from the class of constitutional law - i held on tuesday 2016-08-30 professor uday shankar teaches this course at the law. Reasonable classification & article 14: article 14 declares that the state shall not deny to any person equality before the law or equal protection of the laws within the territory of india the phrase equality before the law occurs in almost all written constitutions that guarantee fundamental rights.

The article, of course, permits classification, but only such classification as is reasonable, and the test of reasonableness having regard to the object of the article, must be whether the proposed classification helps in achieving this object. Article 14 applies to bothif the classification satisfies the test laid down in the above propositions, the law will be declared constitutional the question whether a classification is reasonable and proper and not must however, be judged more on commonsense than on legal subtitles.

By the impugned rule, a classification has been made for the purpose of admission to the evening classesthe ques- tion is whether the classification is a reasonable classifi- cation within the meaning of article 14 of the constitution in order to consider the question as to the reasonableness of the classification, it is necessary to take into account the objective for such classification. Article 14 provides protection for equality in tax as well article 14 provides protection for equality in tax as well a large latitude is allowed to the state for classification upon a reasonable basis and what is reasonable is a question of practical details and a variety of factors which the court will be reluctant and perhaps ill. Test of reasonable classification while article 14 frobids class legislation it does not forbid reasonable classification of persons11/5/2017 print article : reasonable classification under article 14 substantial difference can be found justifying the inclusion of one and the exclusion of the other from such privilegelegalservicesindia.

reasonable classification article 14 Summary of article 14 of the constitution of india article shared by  a law creating special courts can, therefore, be sustained only if it makes a reasonable classification either of the offences or the persons triable by the special courts difficulties usually arise when the law establishing these courts fails to do so itself and. reasonable classification article 14 Summary of article 14 of the constitution of india article shared by  a law creating special courts can, therefore, be sustained only if it makes a reasonable classification either of the offences or the persons triable by the special courts difficulties usually arise when the law establishing these courts fails to do so itself and. reasonable classification article 14 Summary of article 14 of the constitution of india article shared by  a law creating special courts can, therefore, be sustained only if it makes a reasonable classification either of the offences or the persons triable by the special courts difficulties usually arise when the law establishing these courts fails to do so itself and.
Reasonable classification article 14
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