shown first to be founded on "intelligible differentia" which has a
rational relation to the object sought to be achieved by the
impugned legislation. Article 15 is a matrix that is a derivative of
the right to equality under Article 14.
See Basu:
Shorter
Constitutional History of India 1(Jh Ed at 63, Seervai:
Constitution of India
3rd
The
Ed Volume 1 Chapter 9.
128. Similarly, in Canada Section 15 of the Charter on Rights and
Freedom reads as
follows:~
"(1) Every individual is equal before and under the law
and has the right to the equal protection and equal
benefit of the law without discrimination and, in
particular, without discrimination based on race,
national or ethnic origin, colour, religion, sex, age or
mental or physical disability.
(3) Subsection (1) does not preclude any law, program
activity that has as its object the amelioration of
conditions
of disadvantaged
individuals
or groups
including those that are disadvantaged because of race,
national or ethnic origin, colour, religion, sex, age or
mental or physical disability."
129. Again, in interpreting Article 15, the Canadian Constitutional
Court has adopted more or less the Indian, American and indeed
South African position that any classification must have logic,
and must have a rational connection with the Government Policy
sought to be attained. See for instance Andrews v Law Society
Page 43 of 46
Applicant's Heads of Argument in the matter between:
Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
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