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The fundamental right to equality is NOT violated if1. there is a reasonable classification between persons, things and places, having a nexus with th
Question

The fundamental right to equality is NOT violated if
1. there is a reasonable classification between persons, things and places, having a nexus with the object sought to be achieved
2. one person is treated as a class
3. special court for trial of special offences is established
Select the correct answer using the code given below:

A.

1 only

B.

1 and 2 only

C.

3 only

D.

1, 2 and 3

Correct option is D

The correct answer is (d) 1, 2 and 3.

All three statements are consistent with the judicial interpretation of Article 14 (Right to Equality) of the Constitution of India.

Explanation

  1. Reasonable Classification (Statement 1): The Supreme Court has held that Article 14 forbids class legislation but does not forbid reasonable classification. For a classification to be "reasonable" and not violate equality, it must fulfill two conditions (the Twin Test):
    • Intelligible Differentia: There must be a clear distinction that separates those grouped together from others left out.
    • Rational Nexus: The distinction must have a logical link to the object the law aims to achieve.
  2. One Person as a Class (Statement 2): In the landmark case Chiranjit Lal Chowdhury v. Union of India, the Supreme Court ruled that a law may be constitutional even if it applies to a single individual or a single corporation. If that individual has unique characteristics that set them apart from the rest of the community, they can be treated as a "class by themselves" for the purpose of legislation.
  3. Special Courts for Special Offences (Statement 3): The establishment of Special Courts is generally not considered a violation of Article 14, provided the offences to be tried by such courts are clearly defined and different from ordinary offences. In cases like State of West Bengal v. Anwar Ali Sarkar and later in the Special Courts Bill, 1978 advisory opinion, the court clarified that if the "special offences" are classified based on a rational nexus (e.g., speedier trial for corruption or grave public danger), it is constitutionally valid.

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