Does Right to EQUALITY BEFORE LAW not violate if precedent not follow

Question

Does Right to EQUALITY BEFORE LAW not violate if precedent not follow

14-Sep-2023 (In Criminal Law)

If PRECEDENT is not followed in the same scenario and circumstances that matches exactly like the case of PRECEDENT, will it not VIOLATE RIGHT TO EQUALITY BEFORE LAW That is Fundamental Right???

Answers (2)

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Recent Questions

Query regarding bail rules in Delhi courts

Need a honest lawyer - forgery, fraud threats. Kurukshetra/High court

Sir, Can I take bail for 323, 504, and 506 IPC on bail bond

Not received memo for handing over stolen device to police

My exboyfriend want relationship with me without my consent

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Advocate Kunal Srivastava LawRato · Accepted Answer · 2022-09-14T11:53:02+05:30

Answer #1

Hi, from your query it seems that you mean ‘precedent’ in terms of legal precedent. In such a case if a Court has passed an order or pronounced a judgement and the favourable precedent was not applied, the court must have distinguished your case from the said precedent. Either way, rather than claiming a violation of your ‘right to equality’ you may file an appeal against the order/judgment instead based on the ground that the court has not appreciated the precedent correctly and has erred in distinguishing your case.

Helpful?

Adv. Kunal Srivastava Adv. Kunal Srivastava

Delhi | 100+ Answers

Chat CONTACT NOW

LawRato LawRato · Accepted Answer · 2022-09-16T19:21:01+05:30

Answer #2

if two cases, one of which is a precedent for its kind, differ even by a hair, the 'precedent' may not be a precedent. So far as your interest about 'equality before law' is concerned, a lot is required to be understood about it. Explaining this in such short passage will be a disrespect to Dicey. Read Dicey when you get a chance. Thank You!

Helpful?