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Indian Constitution embodies the concept of "Equality". What are the features of this
Equality?
  1. No person can be discriminated by the State on the grounds of religion, race, caste, sex or place of birth.
  2. Benefits extended to some persons, even if illegal, can be claimed by the others on the ground that they have been denied the same.
  3. Equal subjection and similar application of the same laws to all persons who are similarly placed, administrated by ordinary courts
Select the correct answer using the codes given below.
  • a)
    1 and 2 only
  • b)
    1 and 3 only
  • c)
    2 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Indian Constitution embodies the concept of "Equality". What...
Concept of Equality:
  • Article 14 of the Constitution of India provides that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India". There is a prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Hence statement 1 is correct. The said Article is clearly in two parts: while it commands the State not to deny to any person ‘equality before the law’, it also commands the State not to deny the ‘equal protection of the laws’. Equality before law prohibits discrimination. It is a negative concept but negative equality. The concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish equality amongst all. It is positive in character.
  • The Concept of Equality in India also embodies "Positive Equality" and never "Negative Equality". It means when any authority is shown to have committed any irregularity or illegality in favor of one individual or group of individuals, others cannot claim the same irregularity or illegality on the grounds of denial of the same. Article 14 of the Constitution of India embodies the concept of positive equality alone and not negative equality, that is to say, it cannot be relied upon to perpetuate illegality or irregularity. The jurisdiction of a higher court cannot be invoked on the basis of a wrong order passed by a lower forum. Supreme Court in its various judgments has stated this concept. Benefits extended to some persons if illegal, cannot be claimed by the others on the ground that they have been denied the same if they do not deserve them in the first place. Hence statement 2 is not correct.
  • "Equality before the law" means that among equals the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued, to prosecute and be prosecuted for the same kind of action should be the same for all the citizens of full age and understanding without distinction of race, religion, wealth, social status or political influence.
  • The concept of "equality before law" and "equal protection of law" provides the following features:
    The first concept has the following features
    • the absence of any special privileges in favor of any person
    • the equal subjection of all persons to the ordinary law of the land administered by the ordinary courts
    • no person is above the law
    • The second concept has the following features:
    • the equality of treatment under equal circumstances, both in privileges conferred and liabilities imposed
    • a similar application of the same laws to all persons who are similarly situated. Hence statement 3 is correct.
    • the like should be treated alike without any discrimination.
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Indian Constitution embodies the concept of "Equality". What are the features of thisEquality? No person can be discriminated by the State on the grounds of religion, race, caste, sex or place of birth. Benefits extended to some persons, even if illegal, can be claimed by the others on the ground that they have been denied the same. Equal subjection and similar application of the same laws to all persons who are similarly placed, administrated by ordinary courtsSelect the correct answer using the codes given below.a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?
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Indian Constitution embodies the concept of "Equality". What are the features of thisEquality? No person can be discriminated by the State on the grounds of religion, race, caste, sex or place of birth. Benefits extended to some persons, even if illegal, can be claimed by the others on the ground that they have been denied the same. Equal subjection and similar application of the same laws to all persons who are similarly placed, administrated by ordinary courtsSelect the correct answer using the codes given below.a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Indian Constitution embodies the concept of "Equality". What are the features of thisEquality? No person can be discriminated by the State on the grounds of religion, race, caste, sex or place of birth. Benefits extended to some persons, even if illegal, can be claimed by the others on the ground that they have been denied the same. Equal subjection and similar application of the same laws to all persons who are similarly placed, administrated by ordinary courtsSelect the correct answer using the codes given below.a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Indian Constitution embodies the concept of "Equality". What are the features of thisEquality? No person can be discriminated by the State on the grounds of religion, race, caste, sex or place of birth. Benefits extended to some persons, even if illegal, can be claimed by the others on the ground that they have been denied the same. Equal subjection and similar application of the same laws to all persons who are similarly placed, administrated by ordinary courtsSelect the correct answer using the codes given below.a)1 and 2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?.
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