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Showing contexts for: SUBRAMANIAN SWAMY in Union Of India & Ors vs Atul Shukla Etc on 24 September, 2014Matching Fragments
10. The seminal question that falls for our determination in the above backdrop is whether classification of Group Captains in the Indian Air Force for purposes of age of superannuation, is offensive to Article 14 of the Constitution. A long line of decisions of this Court that have explained the meaning of equality guaranteed by Articles 14 and 16 of the Constitution and laid down tests for determining the constitutional validity of a classification in a given case immediately assume importance. These pronouncements have by now authoritatively settled that Article 14 prohibits class legislation and not reasonable classification. Decisions starting with State of West Bengal v. Anwar Ali (AIR 1952 SC 75) down to the very recent pronouncement of this Court in Dr. Subramanian Swamy v. Director, CBI and Anr. (AIR 2014 SC 2140) have extensively examined and elaborately explained that a classification passes the test of Article 14 only if (i) there is an intelligible differentia between those grouped together and others who are kept out of the group; and (ii) There exists a nexus between the differentia and the object of the legislation. Speaking for the Court Das J., in Anwar Ali’s case (supra) summed up the essence of what is permissible under Article 14 in the following words:
15. It is unnecessary to burden this judgment with reference to several indeed numerous other pronouncements that have reiterated and followed the ratio of the decisions to which we have referred hereinabove for we would remain content with a reference to a recent Constitution Bench decision in Dr. Subramanian Swamy v. Director, CBI and Anr. (AIR 2014 SC 2140) where this Court was examining whether Section 6A(1) of the PC Act, 1988 was constitutionally valid insofar as the same required approval of the Central Government to conduct any inquiry or investigation into any offence alleged to have been committed under the said Act where such allegations related to employees of the Central Government of the level of Joint Secretary and above and officers as are appointed by the Central Government in Corporations established by or under any Central Act, Government companies, societies etc. Speaking for the Court Lodha, CJI observed: