Sharmin Irani posted an Question
July 15, 2020 • 21:02 pm 30 points
  • UGC NET
  • Law

Equality before law

Assertion (A) : The principle of equality before law means that there should be equali of treatment under equal circumstances. Reason (R): All persons are not equal by nature, attainment or circumstances.

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  • Ayushi mittal

    b is the correct answer. part III of the Constitution emanates the basic fundamental rights, which includes in itself the right to equality, and the entire gamut of the right to equality, helps us not to discriminate against anyone and therefore as under the rule of law the principle of equality before law discriminates no one.

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    Eduncle Best Answer

    Dear Sharmin,

    Greetings!!

    Article 14 of the Indian Constitution

    Clearly states that the state/country shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

     

    Equality before Law: This term is taken from the constitution of England. This law is applicable to all citizens and foreigners.

     

    I. Equal treatment for all persons before the court. That is, the law will be blind, it will not see who is standing in the dock; rich or poor.

    II. There shall not be any privilege for any particular person. It means, everyone will get the same punishment for the same crime.

    III. No person (be it rich or poor, white or black, minister or servant) shall be above the law. It means the law will be the same for both the minister and the servant.

     

    Equal protection of laws: Its provisions have been taken from the Constitution of America. The following provisions are given in it.

     

    I. The similar application of the same laws to all persons who are similarly situated.

    II. Equal treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws.

    III. All persons should be treated equally without any discrimination.

    The Supreme Court believes that the rule of law written under Article 14 is the fundamental element of the Constitution. Therefore it cannot be abolished in any way even by amending the Constitution.

     

    IMPORTANT > The principle of equality before law means that there should be equality of treatment under equal circumstances because all persons are not equal by nature , attainment or circumstances

    Thank You for asking your query

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