Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


There is no equality in illegality


There is no equality in illegality

The concept of equality as envisaged under Article 14 of the Constitution is a positive concept which cannot be enforced in a negative manner. When any authority is shown to have committed any illegality or irregularity in favour of any individual or group of individuals other cannot claim the same illegality or irregularity on ground of denial thereof to them. Similarly wrong judgment passed in favour of one individual does not entitle others to claim similar benefits. In this regard this Court in Gursharan Singh & Ors. v. NDMC & Ors. [1996 (2) SCC 459] held that citizens have assumed wrong notions regarding the scope of Article 14 of the Constitution which guarantees equality before law to all citizens. Benefits extended to some persons in an irregular or illegal manner cannot be claimed by a citizen on the plea of equality as enshrined in Article14 of the Constitution by way of writ petition filed in the High Court The Court observed:

 1 Replies

ashok kumar (Social Worker)     06 December 2012

Thats a good Point made out by you and people have to understand teh underlying jurispudential concept behind this

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query