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| + | {{htmlmetatags> | ||
| + | metatag-description=(SC 1983: arbitrary classification of pensioners violates Article 14. The doctrine that govt schemes must apply equally to similarly-placed citizens — used in.)}} | ||
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| + | ====== D S Nakara v. Union of India (1983) ====== | ||
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| + | **The 1983 Supreme Court ruling that arbitrary classification of citizens violates Article 14 of the Constitution. The Government cannot give one group of pensioners a benefit and deny it to similarly-situated others without a " | ||
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| + | **D S Nakara v. Union of India** {{tag> | ||
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| + | ===== The issue ===== | ||
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| + | The Government had a pension liberalisation scheme that benefited only those who retired after a cut-off date. D S Nakara, who retired before that date, challenged the cut-off as arbitrary under Article 14. | ||
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| + | ===== The holding ===== | ||
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| + | A 5-judge Constitution Bench held: | ||
| + | - **Article 14** forbids arbitrary classification — the Government must show a **rational basis** for differential treatment. | ||
| + | - The **pension cut-off was arbitrary** — there was no rational nexus between the date of retirement and entitlement to a higher rate. | ||
| + | - The classification was **struck down** and the benefit extended to all eligible pensioners. | ||
| + | - The doctrine of " | ||
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| + | ===== Why this matters for RTI ===== | ||
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| + | Apply Nakara to RTI in two scenarios: | ||
| + | - When a public authority **answers one applicant' | ||
| + | - When a department applies **[[act: | ||
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| + | ===== Citation ===== | ||
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| + | **D S Nakara v. Union of India**, **(1983) 1 SCC 305**, AIR 1983 SC 130. Decided 17 December 1982 by a 5-judge Constitution Bench (CJI Y V Chandrachud, | ||
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| + | ===== Use this case in your RTI appeal ===== | ||
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| + | If the same PIO's office disclosed similar information to another applicant but denied it to you, cite D S Nakara to argue the classification is arbitrary. Demand the prior disclosures via RTI to establish the comparator. | ||
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| + | ===== Sources ===== | ||
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| + | * Supreme Court of India, **D S Nakara v. Union of India**, (1983) 1 SCC 305. | ||
| + | * **Constitution of India**, Article 14. | ||
| + | * **Right to Information Act, 2005**, [[act: | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
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| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[:act|RTI Act, 2005]] | ||
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| + | //Last reviewed: 4 May 2026.// | ||
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| + | {{tag> | ||