SC: Art. 14 of Constitution embodies positive equality, not negative equality

The Hon’ble Supreme Court, on 18th December 2019, in the matter of P. Singaravelan & Ors. Etc. Etc. v. The District Collector, Tiruppur and DT & Ors. Etc. Etc observed that a person cannot invoke Article 14 of the Constitution of India to claim a benefit extended to someone similarly placed if he is not lawfully entitled to such benefit in the first place. Article 14 of the Constitution of India embodies the concept of positive equality alone, and not negative equality

The Hon’ble Supreme Court observed that:

Dismissal of an SLP against an order or judgment of a lower forum is not an affirmation of the same. If such an order of Supreme Court is non-speaking, it does not constitute a declaration of law under Article 141 of the Constitution, or attract the doctrine of merger. (Para 7)

A person cannot invoke Article 14 of the Constitution of India to claim a benefit extended to someone similarly placed if he is not lawfully entitled to such benefit in the first place. (Para 23)

Article 14 of the Constitution of India embodies the concept of positive equality alone, and not negative equality, that is to say, it cannot be relied upon to perpetuate an illegality or irregularity. (Para 23)

The jurisdiction of a higher court cannot be invoked on the basis of a wrong order passed by a lower forum. (Para 23)

Copy of judgement: Judgement_18-Dec-2019

-Adv. Tushar Kaushik

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