Reasonable Classification - Law Dictionary Search Results
Home Dictionary Name: reasonable classificationReasonable classification
Reasonable classification, it is now well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. The classification may be founded on different bases; namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration, Express Newspaper (Private) Ltd. v. Union of India, AIR 1958 SC 578....
Reasonableness of classification
Reasonableness of classification, it is clear that Article 14 does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of attaining specific ends. What is necessary in order to pass the test of permissible classification under Article 14 is that the classification must not be 'arbitrary, artificial or evasive' but must be based on some real and substantial distinction bearing a just and reason-able relation to the object sought to be achieved by the legislature, R.K. Garg v. Union of India, AIR 1981 SC 2138: (1981) 4 SCC 676: (1982) 1 SCR 947....
Equality of opportunity for all citizens
Equality of opportunity for all citizens, Clause (1) of Article 16 clearly provides for equality of opportunity to all citizens in the services under the State. It is important to note that the Constitution uses the words 'equality of opportunity for all citizens.' This inherently implies that the opportunity must be given not only to a particular section of the society or a particular class of citizens who may be advanced or otherwise more affluent but to all classes of citizens. This, therefore, can be achieved by making a reasonable classification so that every class of citizens is duly represented in the services which will enable equality of opportu-nity to all citizens. The classification, however, must be a reasonable one and must fulfil the following conditions:(i) it must have a rational basis;(ii) it must have a close nexus with the object sought to be achieved;(iii) it should not select any person for hostile discrimination at the cost of others, State of Kerala v. N.M. Thom...
Discrimination with reasons
Discrimination with reasons, means rational classification for differential treatment having nexus to the constitutionally permissible object. Preferential representation for the backward classes in services with due regard to administrative efficiency is permissible object and back ward classes are a rational classification recognised by our Constitution, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906...
Logic
The science or art of exact reasoning or of pure and formal thought or of the laws according to which the processes of pure thinking should be conducted the science of the formation and application of general notions the science of generalization judgment classification reasoning and systematic arrangement the science of correct reasoning...
Children of political sufferers
Children of political sufferers, The children of political sufferers are not only distinguishable from the rest but such a classification has a reasonable nexus with the object of the rules which can be nothing else than a fair and just distribution of seats, D.N. Chanchala v. State of Mysore, (1971) 2 SCC 293: AIR 1971 SC 1762 (1776): (1971) Supp SCR 608. [Mysore Medical Colleges (Selection for Admission) Rules, (1970)]...
special law
special law 1 : local law 2 : a law that applies to a particular place or esp. to a particular member or members of a class of persons or things in the same situation but not to the entire class and that is unconstitutional if the classification made is arbitrary or without a reasonable or legitimate justification or basis called also local law special legislation compare general law ...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Person of unsound mind
Person of unsound mind, a term by which in a more enlightened age persons afflicted with a mental illness affecting their reason are to be known, as distinguished from Idiots, Imbeciles, Feeble-minded Persons and Moral Defectives under the Mental Deficiency Act, 1927 (17 & 18Geo. 5, c. 33) (see those titles, and LUNATICS).The statute law affecting persons of unsound mind in contained in the (English) Lunacy and Mental Treatment Acts, 1890 to 1930, of which the principal are the (English) Lunacy Acts, 1890 (53 & 54 Vict. c. 5), 1891 (54 & 55 Vict., c. 56), and as regards Boards of Control, the Mental Deficiency Acts, 1913 to 1927 and the Mental Treatment Rules, 1930 (S.R. & O., 1930 No. 1083). A classification of patients has been made as follows: (a) Voluntary (see the (English) Act of 1930, s. 1; (b) Temporary (ibid., s. 5 (1); (c) Certified [(English) Lunacy Act, 1890, s. 4]; (d) Found to be of unsound mind upon inquisition (see that title), and a further classification is into a pri...
Terminal charges
Terminal charges of a railway company, those made at either terminus, in addition to the charges for carriage, as for warehousing, loading, unloading, cartage to or from station, etc. The special Act of each company, in prescribing a maximum rate, usually excepts from such rate 'a reasonable sum,' for, e.g., 'loading, covering, and unloading of goods at any terminal station of such goods, and for delivery and collection and any other services incidental to the duty or business of a carrier, where such services are or any of them is performed by the company'; and the Railway and Canal Traffic Commission has jurisdiction to determine what is a reasonable sum in case of dispute. See Hodges on Railways.The (English) Railway and Canal Traffic Act, 1888, which by s. 24 directs railway companies to pre-pare revised classifications of traffic and schedules of maximum rates, and to state therein the nature and amount of all 'terminal charges,' by s. 55 defines the term 'terminal charges' as inc...
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