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The right to equality before the law is guaranteed by which article of the Constitution?

  • A.Article 14
  • B.Article 19
  • C.Article 21
  • D.Article 25

Answer: A

Correct answer: Article 14

Article 14 provides 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. The article contains two distinct guarantees. Equality before the law is a British concept, negative in form: no one is above the law, and there are no special privileges. Equal protection of the laws is American, positive in form: like should be treated alike, which permits - indeed requires - reasonable classification. That second limb is what makes affirmative action constitutional. Treating unequals equally would itself be unequal, so classification is allowed provided it rests on an intelligible differentia and that differentia bears a rational relation to the object of the law. Note that it speaks of any person, not any citizen, so it protects foreigners and companies too. Articles 19, 21 and 25 cover the six freedoms, life and personal liberty, and freedom of religion.

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