Which of the following statements regarding equal protection of the law in the Indian constitution is NOT correct? 1. It is the absence of any privileges for every person. 2. The application of the same law is similar to all person who is similarly situated. 3. All persons are subjected equally to the ordinary law of the land administered by ordinary law courts.
Which of the following statements regarding equal protection of the law in the Indian constitution is NOT correct? 1. It is the absence of any privileges for every person. 2. The application of the same law is similar to all person who is similarly situated. 3. All persons are subjected equally to the ordinary law of the land administered by ordinary law courts. Correct Answer 1 and 3 only
The correct answer is option 1, i.e. 1 and 3 only.
Article 14 states that state shall not deny to any person the ‘equal protection of law’ and ‘equality before the law’ within the Indian territory. Both are different concepts.
- This tells rights on all person both citizens and foreigners.
- The concept of ‘equality before the law’ is of British origin and ‘equal protection of law’ is from the American constitution.
- Equality before law tells the absence of any kind of privileges to any person.
- It also tells the equal treatment of all person to the ordinary law of the land administered by ordinary law courts.
- No person is above the law of the land.
- Hence, statement 1 and 3 are not correct.
- Equal protection of law tells states equal treatment under equal circumstances.
- It also confers the similar subjection of law on all person who is similarly situated. Hence statement 2 is correct.
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Feb 20, 2025