Machine-translated by Google. Questions are authored in English.
Top

Discussion

In the context of the Constitution of India, a pension scheme differentiates between employees retiring before and after a specified cut-off date. Those excluded challenge the classification as arbitrary. The constitutional issue would primarily attract :

  • A.Legislative competence of the State
  • B.Doctrine of eclipse
  • C.Doctrine of severability
  • D.Article 14 and the principle of classification

Answer: D

The issue attracts Article 14 and the principle of classification.

Article 14 forbids class legislation but permits reasonable classification. A classification is valid only if it rests on an intelligible differentia and that differentia has a rational nexus with the object of the law. Pension cut-off dates are the classic setting: in D.S. Nakara v. Union of India (1983) the Supreme Court struck down a cut-off that split pensioners into two classes for a liberalised formula, as arbitrary under Article 14.

Legislative competence asks whether the legislature could make the law at all, not whether it treats people equally. The doctrine of eclipse concerns pre-Constitution laws overshadowed by fundamental rights, and severability concerns whether an invalid part can be cut away from a valid statute. None of these is the primary question here.

No comment is present. Be the first to comment.
Loading…

Post your comment

Please log in or register to post a comment.