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Law Dictionary Home Dictionary Definition equal-protection

Equal protection, the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of India in spite of differences of circumstances and conditions. In other words, there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is the same. There can certainly be a law applying to one person or to one group of persons and it cannot be held to be unconstitutional if it is not discriminatory in its character, Charanjit Lal Chowdhury v. Union of India, AIR 1951 SC 41: (1950) SCR 869. In pursuance of Directive Principle which imposes duty on the State to promote with special care the educational an economic interests of weaker sections of the country, Commentary on the Constitution of India, Durga Das Basu, Vol. B, p. 7. The State can make special provisions for certain categories like women children, socially and educationally background clauses and Scheduled Caste and Scheduled Tribe citizens for their advancement, Constitution of India, Art. 15(3) and (4). All individuals and classes will be equally subjected to the ordinary law of the land administered by the law courts, Commentary on the Constitution of India, Durga Das Basu, Vol. B, p. 7. Every citizen also enjoys equality before law or equal protections of law, Constitution of India, Art. 14. Is a Constitutional right guaranteed to every citizen irrespective of his religion, race, caste, sex, place or birth; no citizen will be given discriminatory treatment by the State on the above grounds and free access to certain public utilities will be available to him, Constitution of India, Art. 15(1) & (2).

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