Published on: 17 September 2023 at 09:30 IST
Court: Supreme Court of India
Citation: Binoy Viswam V. Union of India (2017)
Honourable Supreme Court of India has held that Article 14 of the Constitution of India forbids class legislation. However 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 fulfil the following two tests:
- It should not be arbitrary, artificial or evasive. It should be based on an intelligible differentia, some real and substantial distinction, which distinguishes persons or things grouped together in the class from others left out of it.
- The differentia adopted as the basis of classification must have a rational or reasonable nexus with the object sought to be achieved by the statute in question.
103. Thus, Article 14 in its ambit and sweep involves two facets viz. it permits reasonable classification which is founded on intelligible differentia and accommodates the practical needs of the society and the differentia must have a rational relation to the objects sought to be achieved. Further, it does not allow any kind of arbitrariness and ensures fairness and equality of treatment. It is the fons juris of our Constitution, the fountainhead of justice.
Differential treatment does not per se amount to violation of Article 14 of the Constitution and it violates Article 14 only when there is no reasonable basis and there are several tests to decide whether a classification is reasonable or not and one of the tests will be as to whether it is conducive to the functioning of modern society.
Drafted By Abhijit Mishra