The State of Kerala v. M. Vijayakumar & Ors.

Held: Art.14 of the Constitution forbids class legislation but permits reasonable classification which must satisfy twin tests: (1) that the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others, and (2) that differentia must have rational nexus with 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 is necessary is that there must be a nexus between the two – Legislative and executive action may accordingly be sustained if it satisfies the twin tests of reasonable classification and the rational principle correlated to the object sought to be achieved – The burden of proof lies on the State to affirmatively establish that these twin tests have been satisfied – The State must therefore not only establish the rational principle on which classification is founded but correlate it to the objects sought to be achieved. [Para 22] Constitution of India – Art.14 – Concept of Equality – Equality is antithetic to arbitrariness – Discussed. [Para 22] Case Law Cited