The expression "intelligible differentia" means "a difference capable of being understood".
It is a phrase that is used in discussions on the interpretation of Article 14 of the Indian Constitution. The law article usage in India is about what it forbids, which is discrimination between persons who are substantially in similar circumstances or conditions.
The condition under which this ban against discrimination does not apply is when an intelligible differentia exists between two groups, legally permitting differences in how they are treated.
The word "differentia" employed for this legal principle may not be considered a good choice by some but it exists in the Chambers Dictionary as a singular noun (Latin feminine, plural "differentiae") used in semantics, logic, and taxonomy so it is presumably satisfactory to be used also in law.
See also[]
- Section 377A of the Penal Code (Singapore)
- Article 12 of the Constitution of Singapore
- Rational nexus
- Natural justice
References[]
Acknowledgements[]
This article was written by Roy Tan.