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Question

In which article of the constitution 'Equal Protection of Law' provided?

The correct answer is

Article 14

The question seeks to identify the constitutional article that guarantees 'Equal Protection of Law'. This fundamental right is a crucial aspect of India's democratic framework.

Article 14: Right to Equality

Article 14 of the Indian Constitution is the primary article that guarantees the 'Right to Equality'. It states 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." This article encompasses two distinct but related concepts:

  • Equality before Law: This concept, borrowed from British jurisprudence, implies the absence of any special privileges for any person and the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts. It signifies that no person is above the law.
  • Equal Protection of Laws: This concept, borrowed from the American Constitution, is more positive. It means that among equals, the law should be equal and equally administered. It implies that persons in similar circumstances should be treated alike, and it permits reasonable classification but forbids class legislation. The aim is to ensure that all persons similarly situated are treated equally by the law.

Both aspects of Article 14 work together to ensure fairness and prevent arbitrary discrimination by the state, making 'Equal Protection of Law' a fundamental principle.

Constitutional Analysis: Related Articles

Understanding the context of other articles mentioned in the options helps to confirm the specific provision for 'Equal Protection of Law':

  • Article 12: Definition of the State
    This article defines the term 'State' for the application of fundamental rights. It includes various governmental and legislative bodies. It does not deal with the principle of equality or protection of law itself.
  • Article 13: Laws Inconsistent with Fundamental Rights
    Article 13 declares that laws inconsistent with or in derogation of fundamental rights are void. It provides the basis for judicial review but does not itself provide for 'Equal Protection of Law'.
  • Article 15: Prohibition of Discrimination
    While Article 15 prohibits discrimination on specific grounds (religion, race, caste, sex, place of birth), it is a specific application of the broader principle of equality enshrined in Article 14. The general guarantee of 'Equal Protection of Law' is found in Article 14.

Conclusion: Equal Protection in Constitution

Therefore, the 'Equal Protection of Law' is explicitly and comprehensively provided for in Article 14 of the Indian Constitution, making it the correct answer to the question.

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Important Questions from Basics of Constitution

  1. Who among the following introduced the ‘Objective Resolution’ in the Constituent Assembly on 13 th December, 1946?

  2. Which one of the following is correct in respect of total number of States and Union Territories in India?
  3. Who among the following American Presidents described democracy as "Government of the People, for the People and by the People"?
  4. The real beginning of western education in India can be dated from
  5. Which one of the following is included in Article 51A (Part-IV A) of the Constitution of India?

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