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Q74 (CDS-I/2021) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Equality Answer Verified

Equality before the law or equal protection of the laws within the territory of India is guaranteed under which one of the following Articles of the Constitution of India ?

Result
Your answer: —  Â·  Correct: A
Explanation

Article 14 of the Constitution of India explicitly guarantees 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 [1]. This article is the cornerstone of the Right to Equality and applies to all persons, whether citizens or foreigners. The concept of 'equality before the law' is of British origin, implying the absence of special privileges, while 'equal protection of the laws' is derived from the American Constitution, emphasizing equal treatment under similar circumstances [3]. In contrast, Article 15 prohibits discrimination on specific grounds like religion or race, Article 16 ensures equality in public employment, and Article 22 provides protection against arrest and detention [2]. Therefore, the general guarantee of legal equality and protection is uniquely provided under Article 14.

Sources

  1. [1] https://www.mea.gov.in/images/pdf1/part3.pdf
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
  3. [2] https://www.indiacode.nic.in/bitstream/123456789/16124/1/the_constitution_of_india.pdf
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