Doctrine of Reasonable Classification as an Exception to the Right to Equality: Critical Analysis in Light of the Legal Provisions and Relevant Case-Laws
Volume IV, Issue I, 2021
The paper at hand pertains to the subject of Constitutional Law and discuses whether or not the doctrine of reasonable classification can be considered to be an exception to the Right to Equality. As an author I take stand of how indeed the doctrine of reasonable classification is not an exception to the Right to Equality and what follows is a critical analysis fo the statement in the light of concerned legal provisions and relevant case- laws.
The paper discusses how there is no way one can deem the application of the reasonable classification doctrine to be an exception to the Right to Equality when aside from following the rules(pertaining to jurisprudence on equality), the very purpose it serves-is to help in furthering the application of the principle of equality enshrined in Article 14 by providing a mechanism to put into force the right of equality. The paper talks about how it bridges the gap between words being merely imprinted on paper on one hand, and having far-fetched consequences(and meting out justice) on the other. It explores as to how this doctrine achieves the same through the examples of four case laws, starting with the Anwar Ali Sarkar case. The cases of Dr.Subramanian Swamy vs Director, CBI & Anr, Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors. along with discussions revolving around the CAA Bill exemplify how is it that the doctrine works. Important remarks by legal luminaries like Justice Bhagwati, H.M. Seervai and P.D.T. Achary also make crucial contributions to the flow of the article.