ForumIAS:Current Affairs & Newspaper Analysis 2018(Morning Batch)
Batch will be started on 23rd December Click here

Intelligible differential and social distinction in ARTICLE 14

Under Equal protection of law in Article 14, class legislation is forbidden but reasonable classification is permitted which should be based on Intelligible differential and social distinction..

Can somebody explain the meaning of Intelligible differential and social distinction ?

Comments

  • @ABdeVilliers
    What this means is that govt. can classify people for different treatment if that classification is based on some just and reasonable basis and that classification is linked to the objects of the act.

    For example, hair as criterion of classification is neither intelligible nor any social distinction is served by it. Govt. can't legislate and say that bald people should get an extra year of imprisonment for same crime. This type of class legislation is forbidden.

    However, if govt. legislates and treats disabled people as a class for certain relaxation, then it is justified because everyone will agree that disabled need special facilities. It is based on an intelligible differential and social distinction.
  • @DisciplineMissing thanks for wonderful explanation!
    Lakshay ko har haal mein pana hain..
  • @ABdeVilliers
    What this means is that govt. can classify people for different treatment if that classification is based on some just and reasonable basis and that classification is linked to the objects of the act.

    For example, hair as criterion of classification is neither intelligible nor any social distinction is served by it. Govt. can't legislate and say that bald people should get an extra year of imprisonment for same crime. This type of class legislation is forbidden.

    However, if govt. legislates and treats disabled people as a class for certain relaxation, then it is justified because everyone will agree that disabled need special facilities. It is based on an intelligible differential and social distinction.

    I got the concept and thanks for the example.
    But not able to distinguish intelligible differential and substantial distinction
    Please put some light on it
  • In plain words, Intelligible differentiation means that the differentia adopted as the basis of classification must have a rational or reasonable nexus with the object sought to be achieved by the impugned statute.
    For ex- The Special Bearers Bond Act, providing for investment in bearer bonds will be valid, as the object of the act was to unearth black money lying secreted and to canalise the same into productive purposes. the classification made between those possessing black money and other cannot be regarded as arbitrary as it was based on intelligible differentia having rational relation with the object of the Act.

    Similarly, substantial distinction means having a real basis for distinguishing persons or things grouped together in the class from others left out. It should not be arbitrary, artificial or evasive.
    For ex- exclusion of prisoners convicted of crimes against women from scheme of remission to prevent crimes against women can be said to have been excluded on "substantial distinction".

    However, when we indulge in the topic of reasonable classification at greater length the above distinguished terms converge at a point. There is no mathematical precision between the two.

    @MissionLBSNAA
Sign In or Join to comment.

Courses by ForumIAS for CSE
ForumIAS is trusted by over 10,000+ students for their Prelims, Mains and Interview Preparation and we currently run several assistance programs to help students from Civil Services prelims preparation to rank upgradation to IAS. You can enroll for these programs by visiting http://blog.forumias.com/courses

Welcome!

We are a secret self-moderated community for Civil Services preparation. Feel free to join, start a discussion, answer a question or just to say Thank you.

Just dont spread the word ;)

Sign in or join with Facebook or Google

Subscribe to ForumIAS Blog