Q. With reference to Article 14 and the doctrine of equality before law in India, consider the following statements:
1.The concept of “equality before law” is a positive concept derived from the American Constitution and ensures similar treatment under similar circumstances.
2.Article 14 permits reasonable classification of persons or objects by the law, provided such classification is based on intelligible differentia and rational nexus with the objective.
3.Article 31-C can override Article 14 if a law is enacted to implement certain Directive Principles of State Policy.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation:
- The concept of “equality before law” is a negative concept and is derived from the British legal system (Rule of Law by A.V. Dicey). The “equal protection of laws” is the positive concept derived from the American Constitution, which ensures similar treatment under similar circumstances.
- Article 14 permits reasonable classification but forbids class legislation. The classification must be based on: Intelligible differentia, and Rational nexus with the objective sought to be achieved.
- Article 31-C provides protection to laws enacted for implementing Article 39(b) and 39(c) of the Directive Principles from being challenged on the ground of violation of Article 14 (equality) or Article 19 (freedoms). The Supreme Court has held that “where Article 31-C comes in, Article 14 goes out.”
Source: Laxmikant (Polity)
