Constitutional law - Litigating Hand

State of Gujarat and Anr. vs. Shri Ambika Mills Ltd., Ahmedabad [(1974) 4 SCC 656]: Supreme Court of India

A reasonable classification is one which includes all who are similarly situated

52. It would be an idle parade of familiar learning to review the multitudinous cases in which the constitutional assurance of equality before the law has been applied.

53. The equal protection of the laws is a pledge of the protection of equal laws. But laws may classify and the very idea of classification is that of inequality. In tackling this paradox the Court has neither abandoned the demand for equality nor denied the legislative right to classify. It has taken a middle course. It has resolved the contradictory demands of legislative specialization and constitutional generality by a doctrine of reasonable classification.

54. A reasonable classification is one which includes all who are similarly situated and answer to the question is that we must look beyond the classification to the purpose of the elimination of a public mischief or the achievement of some positive public good.

55. A classification is under-inclusive when all who are included in the class are tainted with the mischief but there are others also tainted whom the classification does not include. In other words, a classification is bad as under,-inclusive when a State benefits or burdens persons in a manner that furthers a legitimate purpose but does not confer the same benefit or place the same burden on others who are similarly situated. A classification is over- inclusive, when it includes not only those who are similarly situated with respect to the purpose but others who are not so situated as well. In other words, this type of classification imposes a burden upon a wider range of individuals than are included in the class of those attended with mischief at which the law aims. Herod ordering the death of all male children born on a particular day because one of them would sonic day bring about his downfall employed such a classification.

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