Showing posts with label Article 14. Show all posts
Showing posts with label Article 14. Show all posts

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. 

Wednesday, June 22, 2011

Misusing Article 14 and Article 19-A of the Constitution

It is extraordinary when people who otherwise have nothing to do with constitution and law use fundamental rights to forward their own narrow agenda. Article 19-A was introduced by the legislature through the 18th Amendment to create transparency in matters of public importance. Similarly Article 14 is a longstanding fundamental right promising dignity of life. Ironically Hafez Saeed- who does not believe in democracy or fundamental rights- has filed a petition through A K Dogar in the Lahore High Court.
Jamatud Dawa chief Hafiz Saeed has moved a constitutional petition in the Lahore High Court seeking implementation of a resolution unanimously passed by parliament against the US drone attacks in Pakistan.

Hafiz Saeed filed the petition on Tuesday through his counsel AK Dogar and also pleaded that the federal government might be directed to make public the ‘secret deals’ with the US as under Article 19-A of the Constitution every citizen of Pakistan had the right to have access to information.