Reasonable Classification and Class Legislation


Reasonable classification

Reasonable classification permits a differentiation (which is off course reasonable) among persons, creating classification which by law seeks to aid or privilege or provide immunity to group of persons or things.

Reasonable classification is permissible in many countries and their laws around the world. One being India. 

How it is different from Class legislation?

In my understanding, it relates to intent where Class legislation can arbitrarily be justified as law (also) by a government but reasonable classification seems to have a rational basis for justifying. The reasonable classification has rational reason for classifying person or objects. So, it will not be arbitrary. Also in reasonable classification intelligible diffrentia is what creates a reasonable distinction among persons. 

Can state make a artificial classification under reasonable classification ?

Chances are it may not be possible. Any artificial classification created may not have a rational basis and on that the law will be declared void. As reasonable classification is based on parameters such as rational and intelligent differentiation. 

Example of reasonable classification 

A law which permits certain rights to forest dwellers or tribal who reside in the forest when it comes to property law or prohibition of other body (including state) for their preservation. The state here may choose to not disturb the culture and way of life of tribals inhabiting a forest or place by way of enacting a law permitting reasonable classification.

Class Legislation


Class Legislation is a law that seeks to provide a certain privilege or immunity to persons or class of persons or territory. These laws are called special laws. It may so happen that such a law shall compromise or attempt to circumvent right to equality of others when it comes in conflict equal rights of other persons.

To put it simply it (state by way of law) discriminates. One could say the State favors some or accords them certain privileges. This type of law allows state to proactively contribute to development of certain class of persons or simply a class (Naturally or Artificially created). 

Are such laws inherently unfair ?

In a way, Yes. But there is more to it. Think about a State which passes a law for minimum wage in the Industrial sector. What about service or hospitality sectors then, there could be people who are worse off working in services sector on a very low wage payment system. The state here makes what is called arbitrary classification. As it makes a class out of one of the economic sectors leaving others. Such a classifications does not seem logical or rational but arbitrary.

Example,

A State passes a law giving privileges to certain class of persons similarly situated, say labour class children getting school fee concessions. Now since the quantum of school students admitted would remain the same the school most certainly will extract a substantially higher school fees from those well off or not from labour class families.

Here it seems not an arbitrary classification but a classification based on socio-economic status. It may seem rational to some and others might view it as unfair.

To conclude,

Reasonable Classification and Class Legislation have an important point of distinction. Reasonable classification as it's name gives a clue is based on Reason/Rational/Intelligible Differences/Logic where as Class Legislation could very well be arbitrary or unreasonable. 

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