page_title: Article 12 of the Constitution of Singapore
section_title: Stages of the test
hierarchical_section_title: Article 12 of the Constitution of Singapore / Discriminatory classification / Other discriminatory classifications: the rational nexus test / Stages of the test
caption_attribution_description: English: Capital Tower, DBS Tower 1 and CPF Building.
context_page_description: Article 12 of the Constitution of the Republic of Singapore guarantees to all persons equality before the law and equal protection of the law. The Article also identifies four forbidden classifications – religion, race, descent and place of birth – upon which Singapore citizens may not be discriminated for specific reasons. For example, discrimination on those classifications is prohibited in the appointment to any office or employment under a public authority or in the administration of any law relating to the establishing or carrying on of any trade, business, profession, vocation or employment.
  Persons unable to show that one of the forbidden classifications applies to them may try to argue that they are members of a group defined by a law in a way that violates the general guarantee of equality and equal protection. To succeed, they must establish that the classification used in the law fails the rational nexus test, which is a three-stage test formulated by the courts. The first stage of the test involves an examination as to whether the law differentiates amongst classes of individuals.
context_section_description: The test that is currently followed in Singapore was re-expressed by the Court of Appeal in Taw Cheng Kong (1998) as comprising three stages:
  Whether the law differentiates – that is, prescribes different treatment – amongst classes of individuals.
  Whether the differentiation is founded on an intelligible differentia (distinguishing feature).
  Whether the basis of differentiation bears a reasonable relation to the object of the statute.
  The purpose of the test is to ensure that the right to equal protection is upheld by guarding against three forms of arbitrariness. First, individuals in the same class must share common features and should not be classified arbitrarily. Secondly, the treatment of persons falling within the same class must not be arbitrary. Lastly, the basis of classification must not be arbitrary but should bear a reasonable relationship to the object of the executive action. The stages of the rational nexus test directly address these forms of arbitrariness. As such, a law that satisfies all the stages of the test will be found to be valid and constitutional.
caption: Capital Tower, where the Government of Singapore Investment Corporation (GIC) is headquartered. In 1998, the Court of Appeal restated the rational nexus test applicable to Article 12(1) in a case involving a regional manager of GIC convicted of corruption.
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