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1 - 10 of 25 (0.39 seconds)Section 2 in The University Grants Commission Act, 1956 [Entire Act]
The University Grants Commission Act, 1956
Shri Ram Krishna Dalmia vs Shri Justice S. R. Tendolkar & ... on 28 March, 1958
"41. Legislature's primary function is to make laws for
all or different groups or classes of persons. The
lawmakers as elected representatives are in a better
position than any other body which is removed from
local and other circumstances, to know the needs,
requirements and expectations of citizens. It, therefore,
seems only logical that the legislature possesses the
power to distinguish and classify persons or things
subjected to such laws. Such a classification, however,
must pass the muster of Article 14 which proscribes
hostile and invidious discrimination. Recognising that
Article 14 does not entirely prohibit classification by
grouping certain persons with special peculiarities in a
special category to meet certain specific ends, this
Court in Ram Krishna Dalmia v. S.R. Tendolkar24 had
postulated two conditions which must be satisfied for a
classification to withstand a challenge under Article 14,
namely: (i) the classification should be founded on
intelligible differentia which distinguishes persons or
things that are grouped together from others left out of
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the group; and (ii) the differentia must have a rational
relation or nexus to the object sought to be achieved by
the statute in question.
State Of Andhra Pradesh & Ors vs Nallamilli Rami Reddi & Ors on 29 August, 2001
In State of A.P. v. Nallamilli
Rami Reddi25, this Court had further elucidated that a
challenge on the ground of denial of equal treatment
will not sustain when the legislature intends to classify
persons under a well-defined class. A classification
need not be scientifically perfect or logically complete
and would be justified unless it is palpably arbitrary. The
test to judge the validity of any classification has to be
practical and pragmatic by looking beyond the
classification to the purpose of the law, that is, the
purpose or object of the legislation and the
circumstances which had prevailed when the law was
passed and which had necessitated passing of that law.
Not only this, there is a presumption as to constitutional
validity of an enactment predicated on the belief that
the legislature understands and correctly appreciates
the need of its own people and is free to recognise
degrees of harm and may confine its restriction to only
those cases where the need is deemed to be the
clearest. The hardship that may result from the
classification cannot be the basis for determining the
validity of any statute. This requires distinguishing
between under-inclusiveness and over-inclusiveness.
The former classification does not confer the same
benefit or place the same burden on others who are
similarly situated whereas over-inclusiveness includes
not only those who are similarly situated with respect to
the purpose but others who are not so situated as well.
Kewal Singh vs Lajwanti on 4 October, 1979
In case of Kewal Singh Vs. Lajwanti reported in 1980
(1) SCC 290 Hon'ble Supreme Court while applying
Article 14 of the Constitution of India to the provisions
under challenge has made following observations;-
Deepak Sibal & Ors vs Punjab University And Another on 14 February, 1989
In case of Dipak Sibal vs. Punjab University reported
in (1989) 2 SCC 145 Hon'ble Supreme Court while
dealing with the grounds raised challenging the Statute,
has held thus;-
Hindustan Paper Corporation Ltd vs Government Of Kerala & Others on 16 April, 1986
In
support of that contention, the decision in Hindustan
Paper Corpn. Ltd. v. Government of Kerala4, has been
relied on by the learned counsel for the respondents.
In that case, it has been observed that as far as
government undertakings and companies are
concerned, it has to be held that they form a class by
themselves, since any project that they may make
would in the end result in the benefit to the members
of the general public........"
A.P.Dairy Dev.Corp.Federation vs B.Narasimha Reddy & Ors on 2 September, 2011
In case of AP Dairy Development Corporation vs. B.
Narsimha Reddy reported in (2011) 9 SCC 286,
Hon'ble Supreme Court while considering the challenge
made to Andhra Pradesh Mutually Aided Cooperative
Societies (Amendment) Act, 2006 on the ground of
classification and hostile discrimination has observed
as under:-
Budhan Choudhry And Other vs The State Of Bihar on 2 December, 1954
"18.It is well-settled law that Article 14 forbids class
legislation, however, it does not forbid reasonable
classification for the purpose of legislation. Therefore, it
is permissible in law to have class legislation provided
the classification is founded on an intelligible differentia
which distinguishes persons or things that are grouped
together from others left out of the group and that
differentia must have a rational relation to the object
sought to be achieved by the statute in question. Law
also permits a classification even if it relates to a single
individual, if, on account of some special circumstances
or reasons applicable to him, and not applicable to
others, that single individual may be treated as a class
by himself. It should be presumed that the legislature
has correctly appreciated the need of its people and
that its laws are directed to problems made manifest by
experience and that its discriminations are based on
adequate grounds. There is further presumption in
favour of the legislature that legislation had been
brought with the knowledge of existing conditions. The
good faith on the legislature is to be presumed, but if
there is nothing on the face of the law or the
surrounding circumstances brought to the notice of the
court on which the classification may reasonably be
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regarded as based, the presumption of constitutionality
cannot be carried to the extent of always holding that
there must be some undisclosed and unknown reasons
for subjecting certain individuals or corporations to
hostile or discriminating legislation. The law should not
be irrational, arbitrary and unreasonable inasmuch as
there must be nexus to the object sought to be
achieved by it. (Vide Budhan Choudhry v. State of
Bihar2 and Ram Krishna Dalmia v. Justice S.R.
Tendolkar3.)"