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Pathumma And Others vs State Of Kerala; Shri Ram Krishna Dalmia v. Shri Justice
S. R. Tendolkar
It is now well settled that what Article 14 forbids is hostile discrimination and not
reasonable classification. Equality before 'law does not mean that the same set of law should
apply to all persons under every circumstance ignoring differences and. disparties between
men and things. A reasonable classification is inherent in the very concept of equality, because
all persons living on this earth are not alike and have different problems. Some may be wealthy;
some may be poor; some may be educated; some I may be uneducated some may be highly
advanced and others may be economically backward. It is for the State to make
a reasonable classification which must fulfil two conditions: (1) The classification must he
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 reasonable nexus to
the object sought to be achieved by the statute.
The State Of Gujarat And Another vs Shri Ambica Mills Ltd; Missouri, R & T Rly., v.
May (1904) 194 US 267, 269. (2) 300 U.S. 379, 400.
It may be remembered that article 14 does not require that every regulatory statute apply to all
in the same business : where size is an index to the evil at which the law is directed,
discriminations between the large and small are permissible, and it is also permissible for
reform to take one step at a time, addressing itself to the phase of the problem which seems
most acute to the legislative mind.