Q. With reference to the role of constitution/ government in promoting equality among Indian citizens, which of the following statements is incorrect?
Exp) Option b is the correct answer.
Statement a is correct. While Article 14 forbids class legislation, it permits reasonable classification of persons, objects and transactions by the law. But the classification should not be arbitrary, artificial or evasive. Rather, it should be based on an intelligible differential and substantial distinction. Hence, it allows of differentiating between people to ensure equity.
Statement b is incorrect. The constitution doesn’t make any hierarchy between Equality and Liberty. It has given due importance to both the values and are under Part III of the constitution.
Statement c is correct. Article 31-C is an exception to Article 14. It provides that the laws made by the state for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 cannot be challenged on the ground that they are violative of Article 14. The Supreme Court held that “where Article 31-C comes in, Article 14 goes out”.
Statement d is correct. Affirmative action is based on the idea that it is not sufficient to establish formal equality by law. When we wish to eliminate inequalities that are deeply rooted, it is necessary to take some more positive measures to minimise and eliminate entrenched forms of social inequalities. Most policies of affirmative action are thus designed to correct the cumulative effect of past inequalities. Thus, affirmative action helps in promoting equality.
