DOCTRINE OF REASONABLE CLASSIFICATION IN INDIA 1

Hidayatullah National Law

University Raipur (C.G.)

A SPECIAL REPEAT PROJECT ON

DOCTRINE OF REASONABLE
CLASSIFICATION IN INDIA
SUBMITTED TO

MRS. SHRADDHA RAJPUT

(FACULTY )

( LEGAL METHOD)

SUBMITTED BY

AJAY BHATT
ROLL NO.- 05

SEMESTER - I

BA.LLB (HONS.)

SUBMITTED ON- 03.12.2018

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 DOCTRINE OF REASONABLE CLASSIFICATION IN INDIA 2

ACKNOWLEDGEMENT
I feel highly elated to work on the topic “DOCTRINE OF REASONABLE
CLASSIFICATION IN INDIA” because it has significant importance in the present scenario.

The practical realization of this project has obligated the assistance of many persons. I express
my deepest regard and gratitude for our Faculty of Legal Method. His consistent supervision,
constant inspiration and invaluable guidance have been of immense help in understanding and
carrying out the nuances of the project report. I would like to thank him generously for giving me
the opportunity to delve into various developed, developing and underdeveloped economies of
the world and understand their present status. I believe this will be of great importance in the
near future.

I would like to thank my family and friends without whose support and encouragement, this
project would not have been a reality.

I take this opportunity to also thank the University and the Vice Chancellor for providing
extensive database resources in the Library and through Internet.

Some printing errors might have crept in, which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project report.

AJAY BHATT

BATCH XIV

ROLL NO.- 05

B.A. LLB.(HONS.)

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TABLE OF CONTENT
ACKNOWLEDGEMENTS ...................................................................................................

TABLE OF CONTENTS ......................................................................................................

LIST OF ABBREVIATIONS………………………………………………………………..

TABLE OF CASES………………………………………………………………………..

RESEARCH METHODOLOGY……………………………………………………………

 Objectives of the Study..................................................................

 Introduction.......................................................................................
 What is Reasonable Classification In India ?................................
 Legislative Classification..................................................................
 About Equality Before Law: Article 14..........................................
 Historical Aspect Of Article 14 & Reasonable classification .......
 Dyce Rule of Law & Article 14 ........................................................

 Old“Doctrine Of Reasonable Classification”...............................

 Comparative study between Old and New doctrine .......................

CONCLUSION…………………………………………………………………………..

BIBLIOGRAPHY……………………………………………………………………….

WEBLIOGRAPHY……………………………………………………………………….

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LIST OF ABBREVIATIONS
Art. - Article
V. - Versus
U.N. - United Nation
AIR - All India Reporter

TABLE OF CASES
1. State of W.B. Vs.Anwar Ali, AIR 1952 SC
2. Tingn Vs. Texas, (1940) 310 US 1417
3. Kedar Nath BajoriaVs. State Of W.B., AIR 1953 SC 404, 406.
4. Roop Chand Adalkha Vs. DDA, Supp (1) SCC 116, 124: AIR1989 SC 307
5. Malpe Vishwanath v. State of Maharashtra
6. Basheshar Nath v. CIT (1959) Supp 1 SCR 528, 551
7. Mardia Chemicals Ltd. v. Union of India
8. Maneka Gandhi v. Union of India, AIR 1978 SC 597;

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OBJECTIVES OF THE STUDY

 What is Reasonable Classification
 In Article 14 analyze reasonable classification
 To study Dyce’s nature of law
 Discuss Historical aspect of “Equality Before Law”.
 Discuss the Basis of classification.

RESEARCH METHODOLOGY
The Doctrinal research is descriptive and analytical in nature. Secondary and Electronic
resources have been largely used to gather information and data about the topic.

Books and other reference as guided by Faculty of Economics have been primarily helpful in
giving this project a firm structure. Websites, dictionaries and articles have also been referred.
This work is descriptive and analytical in nature. Secondary and Electronic resources have been
largely used to gather information and data about the topic. Books and other references as guided
by Faculty of Sociology have been primarily helpful in giving this project a firm structure.
Websites and articles have also been referred. Footnotes have been provided wherever needed,
either to acknowledge the source or to point to a particular provision of law. Uniform citation has
been followed.

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INTRODUCTION
The state shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India. The constitution of India guarantees the Right to Equality through
Articles 14 and 18. “Equality is one of the magnificent corner-stones of Indian democracy.”

The doctrine of equality before law is a necessary corollary of Rule of Law which
pervades the Indian Constitution. Art. 14 Out ways discrimination in a general way and
guarantees equality before law to all persons. In view of a certain amount of indefiniteness
attached to the general principle of equality enunciated in Art. 14, separate provisions to cover
specific discriminatory situations have been made by subsequent articles. Thus, Art.15 prohibits
discrimination against citizens on such specific grounds as religion, race, caste, sex or gender,
religion or place of birth.Art. 14 guarantee to every person the right to equality before the law or
the equal protection of the laws. The first expression “Equality Before the Law” which is said to
have been taken from the English common law is a declaration of equality of all persons within
the territory of India, implying thereby the absence of any special privilege in favour of any
individual.

Social equality and equal access to public areas: Article 15 of the constitution states that no
person shall be discriminated on the basis of caste, colour, language etc. Every person shall have
equal access to public places like public parks, museums, wells, bathing ghats and temples etc.
However, the State may make any special provision for women and children. Special provisions
may be made for the advancements of any socially or educationally backward class or scheduled
castes or scheduled tribes.
Article 14 guarantees to every person the right to equality before law or the
equal protection of the laws. The first expression “equality before law” which is said to have
been taken from the English common law, is a declaration of equality of all persons within the
persons within the territory of India implying thereby the absence of any special privilege in
favour of any individual.

The constitutional command to the State to afford equal protection of its laws sets a goal not
attainable by the invention and application of a precise formula. Therefore, classification need
not be constituted by an exact or scientific exclusion or inclusion of persons or things. The courts
should not insist on delusive exactness or apply doctrinaire tests for determining the validity of
classification in any given case. Classification is justified if it is not palpably arbitrary.

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WHAT IS REASONABLE CLASSIFICATION ?

 Underlying principles
As no two human beings are equal in all respects, the same treatment to them in every
respect would result in unequal treatment for example the same treatment in all respects
to a child as to an adult or to a sick or physically challenged to a healthy person or to a
rich person or to a rich person as to poor or to a woman as to man will result in unequal
treatment or treatment which nobody justify or support. Therefore, the underlying
principle of equality is not the uniformity of treatment to all in all respects in which they
are different. In nutshell it is stated: Equals must be treated respects while unequal must
be treated differently. For the application of the principle of equality in real life we must,
therefore, differentiate between those who are equal and those who are different. This
exercise is expressed as reasonable classification that we will discuss below. But let us
clarify that even though no two human beings are similar in all respects, they are all
similar in one respect, namely, they are all human beings. Therefore, human beings they
require the same treatment, i.e., they mustall be treated as human beings in the language
of rights, even though we are all different from one another in one in all respect or the
other and may be given different treatment in those respects we are all entitled to equal
treatment as human beings.
In that respect we are all equals. As human beings in Kantian terms we all
have equal worth and in Dworkin’s words are entitled to equal respect and concern.1
Any classification or absence of it that ignores this aspect violates equality and cannot
be justified under Art.14. Therefore, as we have noted above very briefly and will not in
detail below, especially under Art. 15 and 16, equality not only prohibits unequal
treatment but it also demands equal treatment. Therefore, the state must not only not
treat people inequality but it must also, take positive steps to remove existing
inequalities, especially those inequalities, which treat human beings less than human
beings. Our common humanity, which is also formulated as human dignity, demands
distributive justice both of which dignity and distributive justice are essential to equality.

The law can make and set apart the classes according to the needs and exigencies of the society
and as suggested by experience. It can recognise even degree of evil, but the classification should
never be arbitrary, artificial or evasive.The principle underlying the guarantee of Article 14 is not
that the same rules of law should be applicable to all persons within the Indian territory or that
the same remedies should be made available to them irrespective of differences of circumstances.
It only means that all persons similarly circumstanced shall be treated alike both in privileges
conferred and liabilities imposed. Equal laws would have to be applied to all in the same
situation, and there should be no discrimination between one person and another if as regards the
subject-matter of the legislation their position is substantially the same.

1
R.Dworkin, “Taking Rights Seriously”,223 (1977).

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LEGISLATIVE CLASSIFICATION
The right to equality as incorporated in Art. 14 and discussed above requires
legislation for its operation so that equals may be treated equally and unequal may be treated
differently. The principle of equality, we have noted, does not mean that every law must have
universal application to all persons who are not by nature, attainment or circumstances in the
same position. The varying needs of different classes of persons require different treatment.
In fact, public welfare requires that persons, property and occupations be
classified and be subjected to different and appropriate legislation. Governance is not a simple
exercise. It encounters and must deal with the problems which come from persons in an infinite
variety of relations. Classification is the recognition of these relations, and in making it, a
legislature must be allowed a wide latitude of discretion and judgment.2
The Indian statutory law is full of instances of special legislation applying only to a particular
class or groups. Lawyers, doctors, money-lenders, landlords, drivers of motor-cars, insurance
companies, minors and indeed, most other classes are subject to special legislation. Such
classification undoubtedly differences between persons belonging to one class and the others, but
that by itself does not make the legislation obnoxious to Art. 14.
The Supreme Court has time and again reiterated that Art. 14 do not rule out
classification for purposes of legislation. In KedarNathBajoria v. State of W.B.3

“The equal protection of the laws guaranteed by Art. 14 of the constitution doesnot
mean that all the laws must be general character and universal in application and that
the state is no longer to have the power of distinguishing and classifying persons or
things for the purposes of legislation.”

The classification must not be arbitrary but must be rational, that is to say, it must not only be
based on some qualities or characteristics which are to be found in all the persons grouped
together and not in others who are left out but those qualities or characteristics must have a
reasonable relation to the object of the legislation. In order to pass the test, two conditions must
be fulfilled, namely, (1) that the classification must be founded on an intelligible differentia
which distinguishes those that are grouped together from others and 27.

2
Tingn vs.Texas, (1940) 310 US 1417.
3
AIR 1953 SC 404, 406.

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EQUALITY BEFORE LAW

The state shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India.

Artcles 14 to 18 constitutes the right to equality. In other constitution generally the right to
equality is expressed only as, as it is expressed in Art.14. As The State shall not deny to any
person equality before law or equal protection of laws within the territory of India.”

 Equality in matters of public employment: Article 16 of the constitution lays down that the
State cannot discriminate against anyone in the matters of employment. All citizens can
apply for government jobs. There are some exceptions. The Parliament may enact a law
stating that certain jobs can only be filled by applicants who are domiciled in the area. This
may be meant for posts that require knowledge of the locality and language of the area. The
State may also reserve posts for members of backward classes, scheduled castes or scheduled
tribes which are not adequately represented in the services under the State to bring up the
weaker sections of the society. Also, there a law may be passed which requires that the
holder of an office of any religious institution shall also be a person professing that particular
religion. According to the Citizenship (Amendment) Bill, 2003, this right shall not be
conferred to Overseas citizens of India

 Abolition of untouchability: Article 17 of the constitution abolishes the practice

of untouchability. Practice of untouchability is an offense and anyone doing so is punishable
by law. The Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights
Act in 1976) provided penalties for preventing a person from entering a place of worship or
from taking water from a tank or well.

 Abolition of Titles: Article 18 of the constitution prohibits the State from conferring any
titles. Citizens of India cannot accept titles from a foreign State. The British government had
created an aristocratic class known as RaiBahadurs and Khan Bahadurs in India — these
titles were also abolished. However, Military and academic distinctions can be conferred on
the citizens of India. The awards of Bharat Ratna and Padma Vibhushan cannot be used by
the recipient as a title and do not, accordingly, come within the constitutional
prohibition". The Supreme Court, on 15 December 1995, upheld the validity of such awards.

The State, in the exercise of its governmental power, has of necessity to make laws operating
differently on different groups or classes of persons within its territory to attain particular ends
in giving effect to its policies, and it must possess for that purpose large powers of
distinguishing and classifying persons or things to be subjected to such laws.

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HISTORY OF ARTICLE 14 & REASONABLE

CLASSIFICATION
Article 14 guarantees to every person the right to equality before law or the equal
protection of the laws. The first expression “equality before law” which is said to have been
taken from the English common law, is a declaration of equality of all persons within the persons
within the territory of India implying thereby the absence of any special privilege in favour of
any individual.

Prof. Dicey, explaining the concept of legal equality aitperated in England, said “with
us every official, from the prime minister down to a constable or a collector of taxes, is under the
same responsibility for every act done without any legal justification as any other citizen.” The
second expression.’ the equal protection of the laws’, which is rather a corollary of the first and
is based on the last clause of the first section of the 14th amendment to the American constitution,
directs the equal protection shall be secured to all persons within the territorial jurisdiction of the
union in the enjoyment of their rights and privileges without favoritism are discrimination. It has
been said that ‘the equal production of the laws’ is place of protection are guarantee of equal
laws. The two expressions are simultaneously used in art. 7 of the universal declaration of the
human rights, which may have influenced the formulation of art. 14. The underlined purpose of
the two expressions is to give as wide amplitude to art. 14 as possible.

Article 14 uses the two expressions to make the concept of equal treatment of binding
principle of state action. For long the nature and the extent of the guarantee has been understood
to be the same under both the expressions. Patanjalisastri, C.J. observed that the second
expression was a corollary of the first. Indeed, it will be difficult to imagine any violation of ‘the
equal protection of the laws’, which would not also be a violation of ‘equality before the law’.
However, the court has also observed that even if there is much in common between the two
expressions in art. 14, they do not mean the same thing. “The word ‘law’ in the former
expression is used in a generic sense - a philosophical sense – whereas the word laws in the latter
expression denotes specific laws.” It has not explained this statement any further, but it means
that equality for all is the law or standard norm of the land. As we will also notice below under
the head of expanding horizons of equality, some of the judges have been pointing out from the
very beginning that equality is a dynamic concept which goes on changing with change in times
and social context and must be understood in that sense. Such understanding has opened new
avenues for the application of art. 14 not used until mid 1970’s similarly, the expression equal
the existing inequalities untouched by its laws, it fails in its duty of providing equal protection of
its laws to all persons.

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DICEY’S RULE OF LAW & ARTICLE 14

Rule of law is the basic rule of governance of any civilised policy. Equality before law is co-
relative to the concept of rule of law.A basic postulate of the rule of law is that “justice should
not only be done but it must also be seen to be done”
It means, in the first place, the absolute supremacy or predominance of regular law as opposed to
the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or
even of wide discretionary authority on the part of the government. Englishmen are ruled by the
law, and by the law alone; a man may with us be punished for a breach of law, but he can be
punished for nothing else. It means, again, equality before the law, or the equal subjection of all
classes to the ordinary law courts; the ‘rule of law’ in this sense excludes the idea of any
exemption of officials or others from the duty of obedience to the law which governs other
citizensor from the jurisdiction of the ordinary tribunals; there can be with us nothing really
corresponding to the ‘administrative law’ (dro it administratif) or the ‘administrative tribunals’
(tribunaux administratifs) of France. The notion which lies at the bottom of
the ‘administrative law’ known to foreign countries is, that affairs or disputes in which the
Government or its servants are concerned are beyond the sphere of the civil courts and must be
dealt with by special and more or less official bodies. This idea is utterly unknown to the law of
England, and indeed is fundamentally inconsistent with our traditions and customs.”

According to Dicey,
The Rule of Law, as he formulated it, was a principle of the English
Constitution. The preface to the first edition says that the book “deals with only two or three
guiding principles which pervade the modern Constitution of England,” and the book shows that
the Rule of Law is one such principle. This is important, for the modern version of that rule does
not assert that it is a principle of the English Constitution, but that the rule is an ideal by
reference to which that Constitution must be judged.

In his “Law of the Constitution”, Dicey did not refer to the prerogative writs of
mandamus, prohibition and certiorari by which superior courts exercised control over
administrative action and adjudication. These writs belong to public law and have nothing to
do with private law, and had he noticed those writs he could not have denied the existence of
administrative law in England.

“The right to equality is also recognized as one of the basic features of the constitution.”

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OLD DOCTRINE OF RESONABLE CLASSIFICATION

Although the doctrine of arbitrariness is extra-Constitutional, its application to legislations might
still be fruitful if it would serve some greater purpose, beyond what is being already served by
the existing doctrine of reasonable classification. An analysis of decisions shows that with regard
to statutes whose provisions are challenged as discriminatory or arbitrary, the judiciary is still
applying the old doctrine, even while sometimes claiming to have applied the new doctrine of
arbitrariness.In State of Andhra Pradesh v. McDowell & Co.4,the court categorically held that no
enactment can be struck down merely on the ground of unreasonableness. Where the statute
gives discretion to the executive to classify, the question does not hold much relevance because
in such cases, there is not much difference between the application of the old and new doctrines.5
Under both the doctrines, the Court examines whether the legislature has provided enough
guidance to prevent an arbitrary exercise of power by the administrator.

Two cases have been particularly relied upon by Chandrachud where legislations were
invalidated as violative of Article 14 on the application of arbitrariness doctrine. The first of
these cases is Malpe Vishwanath v. State of Maharashtra where the court declared provisions of
the Bombay Rent Act as violative of Article 14 on the ground that the legislation had become
arbitrary with the passage of time. It is interesting to observe, however, that all the precedents
relied on by the court to reach this conclusion used the old doctrine.These cases clearly state that
passage of time may obliterate the considerations of necessity and expediency, and the grounds
which justified a classification may cease to be valid. Hence, the old doctrine also allows for
invalidating outdated legislation on the ground of violation of Article 14.6Another interesting
aspect is that even in this case, the court examined the object behind the legislation and noticed
how the provision is no longer in furtherance of the same.

The next case upon which Chandrachud’s comment is based is Mardia Chemicals Ltd. v. Union
of India7where the requirement of deposit, by the borrower, of 75% of the amount claimed by the
secured creditor under the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 was held to be unreasonable, hence, violative of
Article 14. It is important to note that the concept of arbitrariness was applied here in the sense
of the statute being discriminatory, which must be distinguished from a case where a provision is
struck down as being arbitrary per se. The Court here observed the importance of provision
providing a reasonable protection to the borrower, it was struck down.

4
[1996] 3 S.C.R. 721. See also Novartis AG v. Union of India, (2007) 4 M.L.J. 1153
5
See, e.g., Maneka Gandhi v. Union of India, AIR 1978 SC 597; Babubhai and Co. v. State of Gujarat, AIR 1985
SC613.
6
38 See Motor General Traders v. State of Andhra Pradesh, [1984] 1 S.C.R. 594, where it was held that if the
continuance of a previously valid provision on the statute book will imply the creation of a privileged class
without any rational basis and nexus with the object for reasonable classification of such class no longer
exists by lapse of time, it can be struck down as being violative of Article 14.
7
AIR 2004 SC 2371.

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of appeal in a statute which enabled drastic measures to be taken against the borrower. The Court
held that in such a case, the conditions like the 75% deposit requirement, after the secured assets
of the borrower have already been taken over, made the remedy illusory. This is an inherent
infirmity leaning one-sidedly towards one party. The court also stated that in the absence of any
other grievance redressal mechanism,the provision for appeal was equivalent to filing a suit in
first instance. Hence, this is a case where an important remedy under the statute, providing for
grievance redressa land justice delivery mechanism, was itself one-sided and hence amounted to
an unequal remedy. The 75% condition was not struck down as merely being strict and
disproportional. The Court noted that certain provisions of the statute “may also be a bit harsh
for some of the borrowers but on that ground the impugned provisions of the Act cannot be said
to be unconstitutional in view of the fact that the object of the Act is to achieve speedier recovery
of the dues…to help in growth of economy”. However, considering that the provision for appeal
failed to achieve its object of providing a reasonable protection to the borrower, it was struck
down.

It is also possible to reach the same decision without applying the arbitrarinesstest. The 75%
condition has no rational basis, more so, considering the object of appeal is to provide the
borrower an adequate and effective grievance redressalmechanism. There is no rational nexus to
this object. In fact, the remedy is almost illusory for him.Chandrachud’s comment totally ignores
the reasonable classification doctrineand that even in absence of arbitrariness test, an adequate
remedy is available. The courts now claim that Article 14 aims to prevent arbitrariness and
reasonable classification is merely a test to determine whether the impugned act is
arbitrary.8However, the purpose of Article 14 is to prevent discrimination. Examining the
reasonableness/arbitrariness of classification made by a legislation is a way to determine whether
the right to equality has been violated, rather than the doctrine of arbitrariness being the end and
reasonable classification being a mere means to determine so. We must however point out that
reasonable classification is not the only test that must be applied under Article 14. It is merely a
formula to examine the violation of right to equality, and can be replaced by a better test in the
future. However, as explained above, the doctrine of arbitrariness lies outside the right to
equality itself and thus redefines the right. It is not merely a formula, but has an ambit beyond
the right to equality, replacing the right itself.

If an extra-constitutional doctrine is sought to be brought within the legal framework, it must

assist in filling some manifest void or it must lead to some substantial benefit to the legal
position already existing.9.

8
Ajay Hasia v. Khalid Mujib, AIR 1981 SC 722
9
For example, although basic structure doctrine is extra-constitutional, it may be justified on the ground that
in its absence, the legislature may virtually redraft the Constitution by amending any of its provisions. If the
Supreme Court had not brought this doctrine, such a situation could not have been prevented due to the
void in law in this regard. This is a justifiable exercise because without it, “there would have been no
Constitution and no independent judiciary worth the name”.Srikrishna, supra note 17 at 24.

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THE OLD AND NEW DOCTRINE OF REASONABLE

CLASSIFICATION : COMPARATIVE DISCUSSION
Article 14 "combines the English doctrine of the rule of law with equal
protection of clause of the 14th Amendment"

— Das C.J. in BashesharNath v. CIT, 10

Article 14 mandates that the State shall not deny equality before law and equal protection of laws
to any person within the territory of India. By incorporating in Article 14 the British doctrine of
rule of law as propounded by Prof. Dicey and the "equal protection of law" clause of 14th
Amendment of the U.S. Constitution, the framers of our Constitution had in their zeal infused
extra vigour and vitality in the right to equality. However, Parliament has repeatedly tried to
curtail the scope and vigour of Article 14 in order to carry out the welfare programmes.11Apart
from it, the Supreme Court had sapped some of the vigour of Article 14 by showing "fanatical
reverence" to the theory of classification or the nexus tests". Finally in 1974 the Supreme Court
evolved the new doctrine that Article 14 is a guarantee against arbitrariness 12Thus the Supreme
Court has evolved two different and distinct doctrines for tackling attack on State action on the
ground of violation of Article 14. An attempt is being made in this paper to analyse objectively
the merits and demerits of the old and new doctrines.

It is only understandable that our Supreme Court should have applied the theory of classification,
evolved by the American Supreme Court for giving content and true meaning to right to equality.
According to this doctrine "equal protection of laws" prohibits class legislation but permits
reasonable classification of persons or things. By expressly incorporating in the second part of
Article 14 the language of the 14th Amendment of the U.S. Constitution, the Constituent
Assembly impliedly had approved the interpretation of that clause by the U.S. Supreme Court.
Hence, from the very beginning the Indian Supreme Court has had no hesitation in applying the
theory of classification while testing the Constitutional vires of legislations and State actions
impugned on the basis of their being violative of Article 14. The classic nexus test was
enunciated by S.R. Das, J. in the Anwar Ali Sarkarcase,13 thus

In order to pass the test of permissible classification two conditions must be fulfilled viz. (i) that
the classification must be founded on an intelligible differentia which distinguishes those that are
grouped together from others left out of the group, and (ii) that the differentia must have a
rational relation to the objects sought to be achieved by the Act.

(1959) Supp 1 SCR 528, 551

10
11
Constitution (First Amendment) Act, 1951 blunted the attack on the ground of violation of Article 14 for allowing
smooth passage of Zamindari Abolition Acts of various States. Constitution (25th Amendment) Act introduced
Article 31-C for giving overriding effect to Articles 39(a) and (b) over fundamental rights enshrined in Articles 14,
19 and 31. Later on this overriding effect was given by 42nd Amendment to all the Directive Principles over these
articles. R
12
E.P. Royappa v. State of Tamil Nadu, (l974) 4 SCC 3
13
State of W.B. v. Anwar Ali Sarkar, AIR 1952 SC 75.

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The differentia which is the basis of the classification and the object of the Act are distinct and
what is necessary is that there must be nexus between them."14On the basis of these tests, better
known as nexus tests, innumerable cases have been decided by the Supreme Court and various
State High Courts. Supreme Court has from time to time tried to summaries the principles
enunciated by it in its previous decisions under Article 14.15

These classic tests of permissible classification have been repeated so many times that the
Supreme Court in 1960 remarked that "they now sound platitudinous".16Apart from staleness of
repetition, it was feared that the fanatical reverence shown to these tests might ultimately replace
the doctrine of equality and rob Article 14 of its "glorious content".

Some academic literature regarding the right to equality also appeared pointing out the
shortcomings of the nexus tests. However, only two of such studies may be noted in this brief
paper.

K.K. Mathew, J. highlighted the negative concept of the doctrine of "equality before the law", as
traditionally understood and posed the question whether the command of Article 14 is merely to
ban creation of equality or to eliminate inequalities ? According to him "Formal equality before
the law has been found to be a sham in many areas".17 Thus, legal thinking in the country was
slowly moving towards giving a positivistic or activist twist to the right to equality.

14
http://www.ebc-india.com/lawyer/articles/91v3a1.html

15
(a) State of Bombay v. F.N. Balsara, AIR 1951 SC 318.
(b) R.K. Dalmia v. JusticeTendolkar, AIR 1958 SC 538.
(c) In re Special Courts Bill, 1978, (1979) 1 SCC 380.
16
Chandrachud. C.J. in Special Courts Bill, 1978, Re, (1979) 1 SCC 380, 423 : "As far back as 1960 it was said by this
Court in KangsariHaldar that the proposition applicable to cases arising under Article 14 have been repeated so
many# times that they now sound platitudinous. If it was so in 1960, it would be even more true in 1979."

17
K.K. Mathew : Democracy, Equality and Freedom, p. 63

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CONCLUSION
In the whole research we found that the research is based on Art. 14 of Indian Constitution that
talks about “Equality Before Law” in this law every people has a right that to equal in case of
justice or in case of law in this law everybody are equal in this law. In short term we had seen the
first that is reasonable classification in this aspect we had studied Article 14 that is related to
“Equality Before Law” or the Article 14 is deals with “Right To Equality”in our Indian
Constitution.

The constitutional command to the State to afford equal protection of its laws sets a goal not
attainable by the invention and application of a precise formula. Therefore, classification need
not be constituted by an exact or scientific exclusion or inclusion of persons or things. The courts
should not insist on delusive exactness or apply doctrinaire tests for determining the validity of
classification in any given case. Classification is justified if it is not palpably arbitrary.

The law can make and set apart the classes according to the needs and exigencies of the society
and as suggested by experience. It can recognise even degree of evil, but the classification should
never be arbitrary, artificial or evasive.The principle underlying the guarantee of Article 14 is not
that the same rules of law should be applicable to all persons within the Indian territory or that
the same remedies should be made available to them irrespective of differences of circumstances.
It only means that all persons similarly circumstanced shall be treated alike both in privileges
conferred and liabilities imposed. Equal laws would have to be applied to all in the same
situation, and there should be no discrimination between one person and another if as regards the
subject-matter of the legislation their position is substantially the same.

In the last term in all research If an extra-constitutional doctrine is sought to be brought within
the legal framework, it must assist in filling some manifest void or it must lead to some
substantial benefit to the legal position already existing. And then the old doctrine of reasonable
classification rationally understand the new doctrine of reasonable classification. All this
research the “Equality Before Law” Article 14 and that term we understand.“The Doctine of
Reasonable Classification in India.”

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 DOCTRINE OF REASONABLE CLASSIFICATION IN INDIA 17

BIBLIOGRAPHY
C0NSTITUION OF INDIA , M.P. JAIN PAGE NO. 48,49

V.N.SHUKLA’S INDIAN CONSTITUTION

WEBLIOGRAPHY
http://www.legalblog.in/2011/02/right-to-equality-article-14-reasonable.html

http://www.ebc-india.com/lawyer/articles/91v3a1.htm

http://www.nalsarstudentlawreview.com/

http://www.legalblog.in/2011/02/right-to-equality-article-14-reasonable.html

LEGAL METHOD