Meaning of intelligible differentia
WebNov 12, 2024 · the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others and that that differentia must have a rational relation to the object sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct things and what WebMar 10, 2013 · Here comes the role of “Test of reasonable classification”. The Test of Reasonable Classification says that the classification must be based upon intelligible …
Meaning of intelligible differentia
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Web1. the classification must be founded on an “intelligible differentia” which distinguishes persons or things that are grouped together from others left out of the group. 2. the … WebThe expression “intelligible differentia” supposedly means difference capable of being understood. It is a phrase that is used in discussion of the meaning of Article 14 of the …
WebJan 6, 2024 · Intelligible differentia refers to a distinction made between persons or things on rational grounds that has a reasonable mind to be understood. Intelligible differentia is a part of reasonable classification under Article 14 of the Indian Constitution. According to Merriam Webster, differentia can be defined as a factor that distinguishes one ... WebMay 22, 2024 · The differentia must have a rational relation to the object sought to be achieved by the Act. The court further said that “ The differentia which is the basis of the classification and the object of the act are distinct things and what is necessary is that there must be a nexus between them i.e., the object of the law and the grouping ”.
WebMay 25, 2024 · The absence of intelligible differentia is proven by the fact that the legislature enacted POCSO to criminalise the same act, which is placed under the exception from the definition of rape. Treating an act of non-consensual sexual intercourse under one law (POCSO) and exempting the same act from being defined as rape shows that there is … WebMay 22, 2024 · The meaning of equality of law is not that the power lying at the hands of the private citizens is the same as that of the public officials. The rule of law requires …
WebAug 11, 2024 · The classification must be based on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and 2. The differentia must have a rational relation to the object sought to be achieved. In State of West Bengal v.
WebMeaning of State:- ( Art.12) The state includes:- ... the classification must be founded on an “intelligible differentia” which distinguishes persons or things that are grouped together from others left out of the group. 2. the differentia must have a rational relation to the object sought to be achieved by the Act. K.Thimmappa v. ealing council special treatment licenceWeb1. : capable of being understood or comprehended. jargon intelligible only to the initiated. 2. : apprehensible by the intellect only. intelligibility. in-ˌte-lə-jə-ˈbi-lə-tē. noun. intelligibleness. cspan ray eppsWebApr 5, 2004 · The distinction between CoS and CoC is clearly based on intelligible differentia. Article 14 forbids discrimination but allows reasonable classification...based … ealing council sports facility strategyWebDec 14, 2024 · Intelligible Differentia The amendment makes differentiation between two groups: one consisting of Hindu, Sikh, Buddhist, Jain, Parsi and Christian community and … ealing council street partyWebNov 1, 2024 · Intelligible differentia. This means that the legislation must be classified on the reasonable and intelligent differentiation between the persons or things that are … cspan ranking of the presidentsWebMay 22, 2024 · Permissible classification must satisfy two conditions, namely; (i) it must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (ii) the differentia must have a rational nexus with the object sought to be achieved by the statute in question. cspan rating presidentsWebJun 23, 2024 · Intelligible differentia is a ‘what’ enquiry, rational nexus is a ‘why’ enquiry, and arbitrariness is a ‘how’ enquiry. [21] Reasonable classification delves into three broad … cspan scott gottlieb hearing