What is intelligible differentia?

What is intelligible differentia?

difference capable of being understood
The expression “intelligible differentia” means difference capable of being understood. A factor that distinguishes or in different state or class from another which is capable of being understood.

What is reasonable nexus?

(i) classification must be based on intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of group and (ii) the differentia must have a rational nexus to the objects sought to be achieved by the executive or legislative action under challenge.

What is doctrine of reasonable classification?

The doctrine of reasonable classification is mere judicial test to determine whether there is arbitrariness in the state action if the state action in question does not pass the test as laid down by the doctrine it is considered arbitrary and since it is arbitrary it will be unconstitutional as per the principles of …

What do you mean by reasonable classification?

A reasonable classification must be based on smart differences. This means that collectively grouped persons or things make a properly defined, distinct class and may be exceptional from those left out of the group.

What is test of reasonable classification?

The Test of Reasonable Classification says that the classification must be based upon intelligible differentia that distinguishes persons or things that are grouped from others that are left out of the group. This differentia must have a rational relation to the object of classification.

What is a reasonable classification?

What is strict scrutiny test of reasonable classification?

# Merriam Webster’s Law Dictionary defines strict scrutiny as the standard used to determine whether a classification of a group of persons (such as a racial group) or a fundamental right (such as the right to vote) violates due process and equal protection rights under the United States Constitution.

What do you mean by reasonable classification under Article 14?

Doctrine of Reasonable Classification Article 14 of the Indian Constitution states that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.

What is meant by test of reasonable classification explain with recent case laws?

It means that irrespective of the rank, the condition of a person would be subject to the jurisdiction of ordinary courts as no man is above law. It is a rule which does not allow any discrimination or do the harsh treatment on the people.

What is the difference between class legislation and reasonable classification?

Class Legislation means making of improper discrimination by conferring certain privileges upon a class of persons arbitrarily selected from a huge number of people. Thus, Class legislation violates equal protection whereas, Reasonable Classification is always based on real and substantial distinction.

What are the 3 levels of scrutiny?

What Are The Levels of Scrutiny?

• Strict scrutiny.
• Intermediate scrutiny.
• Rational basis review.

What are the two tests of strict scrutiny?

For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.

What is intelligible differentia and rational nexus?

These are firstly ‘intelligible differentia’ and secondly the concept of ‘rational nexus’. This test is based on the grounds that all citizens are equal and cannot be discriminated by the State and if the State does discriminate then it has to be on reasonable grounds .

Does Article 14 pass the test of intelligible differentia?

However, an analysis of the above law shows that it passes the test laid down in Article 14 in terms of intelligible differentia and reasonable nexus. The amendment makes differentiation between two groups: one consisting of Hindu, Sikh, Buddhist, Jain, Parsi and Christian community and the other, Muslim.

What is the twin test of intelligible differentia and reasonable nexus?

The new legislation has to pass the twin test of intelligible differentia and reasonable nexus in order to survive the test of Article 14. The definition of ‘illegal migrant’ prior to the present amendment was meant for any foreigner who has entered into India without valid documents or has remained in India beyond the permitted time.

What are intelligible differentia and intelligible classification?

Both form the two requisites of a proper classification, any law seeks to achieve, in order to make it applicable to a particular class of subjects. Intelligible Differentia denotes the requirement of the class being distinct and clearly so, from general subjects.

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