AIR 1982 (NOC) 187 (RAJ) ::(1981) ILR(Del) 2 DEL 733 ::(1982) WLN 127 (SC) ::(1981) WLN 397 (SC) ::(1981) 20 DLT 515 ::(1982) DRJ 69 ::(1982) Raj LR 1 ::(1981) Raj LW 652 ::(1982) 1 RenCJ 286

Rajasthan High Court

Hon'ble Judge(s): Dwarka Prasad , C.J. AND M. L. Shrimal, S. C. Agrawal , JJ

(A) Constitution of India , Art.14, Art.226— Reasonable classification - Test - Under-inclusive and over-inclusive classification - Extent of interference by Court. Article 14 enjoins upon the State to make laws that operate alike on all persons under like circumstances. Art.14, however, recognises that 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. In order to pass the test of a valid classification the two conditions which are required to be fulfilled are (i) that the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others, and (ii) that differentia must have rational relation to the object sought to be achieved by the legislation.(Para 12) A reasonable classification is one which includes all persons who were similarly situated with respect to the purpose of the law and the purpose of a law may be either the elimination of a public mischief or the achievement or some positive public good. A classification may suffer from the detect of being under-inclusive or being over-exclusive. A classification is said to be under-inclusive when the State benefits or burdens persons in a ma....