Tuesday, January 29, 2013

What is Reasonable Classification under Indian Law?

It is now well established that while Article 14 of the Constitution of India, 1950, forbids class legislation i.e. based on any class of persons, it does not forbid reasonable classification for the purposes of legislation. The classification may be founded on different bases, geographical or according to objects or occupations. What is necessary is that there should be a nexus between the basis of classification and the object of the Act under consideration.

Express Newspapers v. Union of India 1959 SCR 12 also reported as AIR 1958 SC 578

A similar American judgment is the Lee Optical Case. 

No comments:

Post a Comment

Be respectful and you shall be heard.