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PETITIONER: BUDHAN CHOUDHRY AND OTHER
Vs.
RESPONDENT: THE STATE OF BIHAR.
DATE OF JUDGMENT: 02/12/1954
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA
CITATION: 1955 AIR 191 1955 SCR (1)1045
ACT: Constitution of India, Article 14-Code of Criminal Procedure (Act V of 1898), section 30--Whether ultra vires the Constitution-Article 14-Reasonable classification-Not forbidden-Test of permissible classification-.Necessary conditions-Constitution- Whether 1046 assures unanimity of decisions or immunity from erroneous action of courts or executive agencies of State.
HEADNOTE: It is well-settled that while Article 14 of the Constitution forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (i) the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and, (ii) that differentia must have a rational relation to the object sought to be achieved by the statute in question. The classification may be founded on different bases; namely geographical, or according to objects or occupati...