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CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law

In India, courts sometimes decide cases on 'justice, equity and good conscience' where no specific statute or established rule applies. Which statement best describes the position of equity as a source of law?

Equity in India is a gap-filling source. Courts apply justice, equity and good conscience where statutes and established rules are silent, but it cannot override a clear and valid statutory provision, which prevails over a judge's sense of fairness.

  1. AEquity prevails over express statutory provisions when the judge finds the statute harsh
  2. BEquity is a gap-filling source that operates where law is silent, but cannot override a clear statutory provisionCorrect
  3. CEquity has no role in Indian law since all law is codified
  4. DEquity is binding only when the parties have agreed to it in writing

Explanation

Indian courts use justice, equity and good conscience to fill gaps and resolve doubtful questions. They cannot set aside a clear, valid statute on grounds of fairness. Claiming equity has no role ignores its continuing gap-filling function.

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