1/19/2024 0 Comments Equal protection of law![]() Intelligible differentia- if you are creating two groups, it is essential to assign reason why you are differentiating two different groups, means there has been an intelligent reason that why you are differentiating those two groups in different group.F.N.Balsara įor this we have two conditions first is “ Intelligible Differentia” and second one is “ Rational Nexus” So, for better treatment it is essential to differentiate and classify both the children’s need, this is basically a equal protection of law which says two persons which are not equal, who are in unequal situation, the laws which are applicable of unequal people laws also may differ for both the people on the basic unequal situation.įor preventing this classification from undue influence we have formulated a test in State of Bombay v. It does not mean the expenses of both the children are same because of their age group, the older children tuition fees and other expenses are lack somewhere from other. Suppose in a house there are two children’s, first one is of 5 years old and second one is 10 years old and we think to treat both the children equally like their proper education, proper health facility etc. ![]() It could be said to be a positive concept because it depicts equality in equal circumstances. This concept is taken from the American Constitution. Every person who loves in the territory of India has the right before law. It is an American concept and a positive approach, it says it is not compulsory that laws have universal application, basically it says all laws to every person cannot apply in a same proportion, it also says that we have to make and demand these types of laws which helps in affording of equal treatment in the country, it says for better public welfare classification is must, for classification reorganisation of different factor existing in our country is must.Įqual protection of law states that law have to provide equal opportunities to those who are in similar situations. If any member of legislature of state said anything which dislike by other person in the legislature of any committee or vote which is dislike other person in this type of case no one can initiate civil or criminal proceeding against the member of legislature of state.If any member of parliament said anything which dislike by other person in the parliament or vote which is dislike other person in this type of case no one can initiate civil or criminal proceeding against the member of parliament.If any person publishes any true report of parliament proceeding in newspaper or article, he/she may not liable for any criminal or civil proceeding.An act done by his personal capacity, no civil proceeding shall be initiated during the office term of the president and governor.No person is entitled to arrest or imprisonment of president or governor during his office term.No criminal proceedings instituted in court during his office term.The president is not answerable for the activities and duties done in his office. ![]() The president, governor of state enjoys following things The law ensures that no person or group of individuals is privileged or discriminated in front of the law. It also states that all are subject to the same laws of justice. Rule of law basically means if anyone in the country, either normal citizen of India or any government official, president, prime minister, everyone is treated equally, if any person in the whole country does any act which is legally not justified, he/she may be treated similarly in the eyes of law, according to rule of law no one is supreme from anyone, the concept of rule of law is develop by the “A V Dicey” in their book ‘The constitution of England’.Įquality before law is an English law concept, it is a negative approach and in equality before law, it should not afford unequal treatment, it is used in very generic form in equality before law.Įquality before law states the important principle that all the independent beings must be treated equally by the law. It is also a first fundamental right, which talks about equality which prohibit unequal treatment and demand for those laws which afford equal treatment. “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth”Īrticle 14 of Constitution of India states that every citizen of India is equal in the eyes of law, it should not afford unequal treatment the discrimination on post, casts, religion, place of birth, sex is strictly prohibited. Conclusion Article 14 of Constitution of India
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