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Showing contexts for: SUBRAMANIAN SWAMY in Deepshikha vs Medical Council Of India & Ors on 15 May, 2015Matching Fragments
39. In a recent decision in Dr. Subramanian Swamy Vs. Director, CBI (2014) 8 SCC 682, the Supreme Court has reiterated as to what should be regarded as a „class‟ for the purpose of legislation as under:-
"58. The Constitution permits the State to determine, by the process of classification, what should be regarded as a class for purposes of legislation and in relation to law enacted on a particular subject. There is bound to be some degree of inequality when there is segregation of one class from the other. However, such segregation must be rational and not artificial or evasive. In other words, the classification must not only be based on some qualities or characteristics, which are to be found in all persons grouped together and not in others who are left out but those qualities or characteristics must have a reasonable relation to the object of the legislation. Differentia which is the basis of classification must be sound and must have reasonable relation to the object of the legislation. If the object itself is discriminatory, then explanation that classification is reasonable having rational relation to the object sought to be achieved is immaterial.