Discuss the rules with respect to permissible classification as evolved in various decisions and have been summarised by Supreme Court in Ram Kishan Dalmiya V. Justice Tendolkar, AIR 1958 SC, 538.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
Discuss the rules with respect to permissible classification as evolved in various decisions and have been summarised by Supreme Court in Ram Kishan Dalmiya V. Justice Tendolkar, AIR 1958 SC, 538.

Answer & Explanation:

The rules with respect to permissible classification as evolved in various decisions have been summarised by the Supreme Court in Ram Kishan Dalmiya v. Justice Tendolkar, AIR 1958 SC, 538 as follows: Article 14 forbids class legislation, but does not forbid classification. Permissible classification must satisfy two conditions, namely, (a) it must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group, and (b) the differentia must have a relation to the object sought to be achieved by the statute in question. The classification may be founded on different basis, namely geographical, or according to objects or occupations or the like. In permissible classification, mathematical nicety and perfect equality are not required. Similarly, non-identity of treatment is enough. Even a single individual may be treated a class by himself on account of some special circumstances or reasons applicable to him and not applicable to others; a law may be constitutional even though it relates to a single individual who is in a class by himself. Article 14 condemns discrimination not only by substantive law but by a law of procedure. There is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles.

Topics: Constitutional Law

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