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Which of the following statements in terms of Article 14 of the Constitution of India is/are correct ?
1. Article 14 would apply only when invidious discrimination is meted out to equals and similarly circumstanced without any rational basis
2. Article 14 guarantees equality before the law or the equal protection of the laws within the territory of India
Select the correct answer using the code given below :
Explanation
Statement 2 is correct as it verbatim reflects the text of Article 14 of the Constitution of India, which mandates 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.
Statement 1 is also correct as per judicial interpretation. The Supreme Court has established that Article 14 forbids class legislation but permits reasonable classification. For a classification to be valid, it must be based on an intelligible differentia and have a rational nexus to the object sought. Therefore, Article 14 is only attracted when equals or similarly circumstanced individuals are treated differently (invidious discrimination) without any rational basis. If the persons are not similarly situated, the rule of equality does not apply in the same manner.
SIMILAR QUESTIONS
Which of the following statements is/are correct ? 1. Article 15 of the Constitution of India is available to both citizens of India and the foreignere 2. Article 16 of the Constitution of India ia available to the citizeno of India only 3. Article 21 of the Constitution of India is available to both citizens of India and the foreigners alike within the territory of India Select the correct answer using the code given below :
Which one among the following is not correct as per Article 14 of the Constitution of India?
Which of the following statements according to the Constitution of India is/are correct?
1. Equality before the law is available to the citizens of India only.
2. Equality of opportunity in the matters of public employment is available to citizens of India only.
3. Right to freedom of speech and expression is available to all persons residing in India.
Select the correct answer using the code given below.