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THE CONSTITUTION OF INDIA ART. 14
Practice of triple talaque - ‘talaq-e-biddat”, is violative of fundamental rights of Muslim women, is unconstitutional, set aside. (Shayara Bano v Union of India, AIR 2017 SC 4609 : (2017)9 SCC 1).
As the right to equality under Article 14 of the Constitution is available against the State, it cannot be claimed against unaided private minority schools. (Satimbla Sharma v St. Paul’s Senior Secondary School, AIR 2011 SC 2926 : (2011)13 SCC 760).
Article 14 forbids class legislation but does not forbid reasonable classification. (S. Seshachalam v Chairman, Bar Council of Tamil Nadu, AIR 2015 SC 816 : (2014)16 SCC 72).
Equality class forbids discrimination but not classification. (State of Bihar v Bihar State Plus-2G Lecturers Association, AIR 2007 SC 1948 : 2007 AIR SCW 3529.
Every classification to be legal, valid and permissible, must fulfill the twin-test namely;
(i) the classification must be founded on an intelligible differential which must distinguish persons or things that are grouped together from others leaving out or left out; and
(ii) such a differentia must have rational nexus to the object sought to be achieved by the statute or legislation in question. (Confederation of Ex-Servicemen Associations v Union of India, AIR 2006 SC 2945 : (2006)8 SCC 399).
Education can be basis of classification. (State of Bihar v Bihar State Plus-2G Lecturers Association, AIR 2007 SC 1948 : 2007 AIR SCW 3529; Chandravathi P.K. v C.K. Saji, AIR 2004 SC 2717 : (2004)3 SCC 734).
Possession of a higher qualification has all along been treated to be a valid basis for classification of two categories of employees. (U.P. State Sugar Corporation Limited v Sant Raj Singh, AIR 2006 SC 2296 : (2006)9 SCC 82).
Conditions for recognition of a State political party (i) the party should have not less than 6% of the total polled votes (ii) should have returned at least two MLAs, not unreasonable. (Desiya Murpokku Dravida Kazhagam v Election Commission of India, AIR 2012 SC 2191 : (2012)7 SCC 340).
School earmarking 25% seats to the children of weaker section - Held, a reasonable classification. (Society for Un-Aided Private Schools of Rajasthan v Union of India and Another, 2012(3) Kar. L.J. 177 (SC) : AIR 2012 SC 3445 : (2012)6 SCC 1 : (2012)4 SCJ 318).
Grant of largesses - The Government should act fairly and without any discrimination. (Humanity v State of West Bengal, AIR 2011 SC 2308 : (2011)6 SCC 125).
Auction sale - Rejection of highest bid on the ground that the price fetched was less in comparison to similar properties in other urban area - Held arbitrary. (Haryana Urban Development Authority v Orchid
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