The plea further contends that the Act miserably fails on the touchstone of Article 14 and the parameters of non-arbitrariness mentioned therein.
Since the Act gives arbitrary power to the authorities to invoke its provisions on their own satisfaction, it is an affront to the principle of reasonable classification based on intelligible differentia, the plea added.
“Arbitrary power of the authorities on their own satisfaction violates even the classical twin tests of classification under Article 14 evolved by this Hon’ble Court in Anwar Ali Sarkar (AIR 1952 SC 75), which require that (i) there should be a reasonable classification based on intelligible differentia; and (11) this classification should have a rational nexus with the objective sought to be achieved. The classification in the Act must be founded on the basis of intelligible differentia.”
Source: Barandbench
