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guarantee of equality before law

LEGAL CONSULTANT

 

 (B) Constitution of India, Arts.14, 226 - Guarantee of equality before Law and equal protection of Laws - This guarantee has to be meaningful and purposeful - It can be such only if everybody is treated equally before the law, without any discrimination or favourable treatment.    
 
   
SANDEEP RAMMILAN SHUKLA VS. STATE OF MAHARASHTRA & ORS.
      2009-ALL MR (Cri)-2991
 
                                                                                                   (Paras 38, 39 )
 
 
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SIR WHAT ABOUT 498A AND DOMESTIC VIOLENCE ACT.

 
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It is a matter of intelligible differentia.
 
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But equality is given to a particular group of people not to the individual one.If someone want equality then he needs to get himself into a particular class of people first.

 

 
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Intelligible difrrentia is also a matter to pass the test for the article 14 but after E.P.Roayaapa case Our constitutional court i.e Supreme court said in his ruling that arbitrariness should be the test for article 14 mean to say that both tests i.e before E.P.Royappa and after E.P.Royappa will be considerd for the test of equality but arbitrariness will be more promonent.

 

 
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