While, prima facie, said classification seems reasonable, the devil lies in the details.
Courts have now adopted proportionality test [Om Kumar v. Union Of India,(2001) 2 SCC 386]. A classification should come with safeguards against its potential abuse [Gujarat Mazdoor Sabha v. State of Gujarat, (2020) 10 SCC 459]. The said notification by way of its classification creates disastrous mischief and does nothing to remedy potential abuse. The classification is liable to be set aside.
– Hon’ble Justice Krishna Murari, Ramesh Chandra Sharma v. State of Uttar Pradesh, [Civil Appeal No. 8819 of 2022].