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Test of Reasonable Classification



Introduction: 

In law all are equal. No is above the law and no one is below it. In law all are equal and they have equal status. Black man and white man both are equal. No is inferior or superior. Equality is the birth right of every individual. It can not be taken away by anyone. 
But in society we see everyone is not equal. Some people are rich and many are poor. Some people have everything but some even do not have basic facilities such as food, shelter and education. Human life is not a life just like animals. Human life is a dignified life. We are not animals. All people in the society must have equal opportunities, equal protection and equal law. Article 14, 15 and 16 of the Indian constitution provides every individual equality, equal protection and equal opportunities. 

Article 14 states that, 'the State shall not deny to any person equality before the law or equal protection of law within the territory of India.'

• Article 14 gives two rights : 

i. Equality before law; and
 
ii. Equal protection of law

Equality before law means equal should be treated equally. 

Equal protection of law means in similar situations or circumstances all people should have equal law. No is above the law.



Classification and reasonable classification these are two different things.

Classification in simple term mean discrimination. 

For example, IPC 497 was about Adultery. If any man commit adultery then he would be sent to jail for five years. But if wife commit adultery it was not a crime. IPC 497 was discriminatory.  Supreme Court stuck down IPC 497. Now adultery is not a crime.

Article 14 prohibits classification but allow reasonable classification.


Reasonable classification was developed by Supreme Court in the case of "Ramkrishna Dalmia vs Justice S R Tendulkar"

Reasonable classification is based on two test : 

1. Classification must be intelligible differenctia. The object of classification must be special ground. 

2. Such classification must be rational. 


Now look some examples of reasonable classification:

1. Caste based reservation is reasonable classification. Here the ground for classification is social status of the community. 

2.  Section 11 of Indian contract Act says, person who has not completed 18 years of age can not enter into the contract. Here the ground for reasonable classification is "Age". 

3. As per Advocates Act, 1961 only advocates are allowed to practice law. Those who don't have LL.B degree can not represent anyone in court of law. Here the classification is reasonable. 

4. As per state land laws,  only farmers can purchase an agricultural land. Non farmers can not purchase a land. Classification is reasonable. 

5. In 2019 Indian government passed Citizenship Amendment Act allowing refugees from Afghanistan, Pakistan and Bangladesh who are Hindu, Buddhist, Christians, Sikh to get Indian citizenship. These people are prosecuted in above muslim countries because of their religion. So except Muslims other refugees are given Indian citizenship. The classification is reasonable.

6. Special provisions for women and children. 

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