Invitation : Attend OPEN Classes on Current Affairs for Mains 2017 on 16th & 17th at 11AM

Walk in to the Test Center at 11AM Today or Register for the 2 Days Open Classes, or enroll for the ONLINE / OFFLINE Current Affairs for Mains 2017 by visiting the below link http://blog.forumias.com/currentaffairs2017. A registration fee of Rs. 50/day is charged for the two day event to have a correct estimate of the number of people attending.

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 making the payment through the links below

1. Mains Guidance Program 2017 - July 1st : Batch C ( 24 Seats | 21 GS + Essay Tests ) | Test Plan | Payment Link |
2. Mains Guidance Program 2017 - 7th August : Batch D ( 50 Seats| 8 GS Tests ) | Test Plan | Payment Link
3. Current Affairs Classes for Mains 2017 (OFFLINE) - 16th August - ( 200 Issues for Mains 2017 ) | Class Plan | Enrollment Link
4. Current Affairs (Online) Classes for Mains 2017 - 20th August | Details | Enrollment Link
5. Prelims Test Series 2018 - Coming Soon 6. Mains Guidance Program for Mains 2018 - Coming soon

UPCOMING EVENTS by ForumIAS
1. Open Session on DAF Filling : What you fill in your Detailed Application form, will decide the marks you get in the Interview, the service that you will get and the state you will live in , for the rest of your life. Last but not the least, it will also decide who you will marry. Don't make mistakes. Join us for an open session on filling up the DAF. We will be assisted by ForumIAS Members who have secured a service or rank in this initiative.

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