The Test of Reasonable Classification says that the classification must be based upon intelligible differentia that distinguishes persons or things that are grouped from others that are left out of the group. This differentia must have a rational relation to the object of classification.

What are the characteristics of a reasonable classification?

A reasonable classification must be based on smart differences. This means that collectively grouped persons or things make a properly defined, distinct class and may be exceptional from those left out of the group.

What do you mean by reasonable classification under Article 14 of the Constitution?

Doctrine of Reasonable Classification Article 14 of the Indian Constitution states that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.

Who is exception to equality before law 14?

An exception to Equality before Law There is some exception to the rule of equality which has been provided under the Indian Constitution. Under Articles 105 and 194, the Members of the Parliament and the State Legislatures respectively are not held liable for anything which they say within the House.

What is the basic difference between Class legislation and reasonable classification?

In fact identical treatment in unequal circumstances would amount to inequality. So a reasonable classification is only not permitted but is necessary if society is to progress. Thus what Article 14 forbids is class-legislation but it does not forbid reasonable classification.

What is strict scrutiny test of reasonable classification?

# Merriam Webster’s Law Dictionary defines strict scrutiny as the standard used to determine whether a classification of a group of persons (such as a racial group) or a fundamental right (such as the right to vote) violates due process and equal protection rights under the United States Constitution.

What is reasonable restriction?

restriction’. The phrase ‘reasonable restriction connotes that the limitation imposed upon a. person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interest of the public.

Which is the basis for test for classification of people under Article 14?

(i) classification must be based on intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of group and (ii) the differentia must have a rational nexus to the objects sought to be achieved by the executive or legislative action under challenge.

Does Article 14 permits reasonable classification?

The Supreme Court has maintained that Article 14 permits the reasonable classification of persons, objects, transactions by the State for the purpose of achieving specific ends that help in the development of the society. However, Article 14 forbids “class legislation”.

What are the two exceptions to the right to equality?

1)Right against social discrimination: The constitution strictly forbids the practice of untouchability in any form. 2)the state may reserve some posts for members of backward classes. 3)There should be special provisions for women and children.

What is a class legislation?

Class legislation refers to legislation that applies to certain persons or class of persons, either natural or artificial, or to certain districts of territory or state. An Act enacted in the form of private act for the benefit of certain individual is an example of class legislation.

What is an example of strict scrutiny?

During the civil rights era and through today, the Supreme Court has applied Strict Scrutiny to government actions that classify people based on race. For example, in Loving v. Virginia (1967), the Supreme Court applied Strict Scrutiny to strike down Virginia’s law banning interracial marriage.

What are the reasonable restrictions in Article 19?

Article 19(4) states that the government may impose reasonable restrictions upon the freedom to form associations and unions in the interest of; Sovereignty and integrity of India. Public order. Morality.

What are the reasonable restrictions on right to privacy?

Reasonable restrictions can be imposed on the right to privacy in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence; (Article 19(2) of …

What is Article 14 all about?

Article 14 requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination. Article 14 is based on the core principle that all of us, no matter who we are, enjoy the same human rights and should have equal access to them.

Which is the most important right and why?

The freedom to vote was ranked as the most important human right in five of the eight countries. The United States values free speech as the most important human right, with the right to vote coming in third. Free speech is also highly valued in Germany: its citizens also see this as most important.

What are the rights guaranteed by right to equality What are the exceptions to it?

The Indian Constitution has granted the right to equality to all citizens. All are equal before the law and there can be no discrimination on the basis of religion, race, caste, gender, place of birth, etc….