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This article is written by Aahna Upadhyay of 1st Semester of Lloyd Law College, Greater Noida, an intern under Legal Vidhiya


This abstract offers a brief synopsis of the research that explores the Rule of Equity in Indian law. It examines its fundamental ideas, historical development, and ongoing relevance in contemporary India. An essential part of India’s legal system, equity has a long history that began with prehistoric jurisprudential practices and was greatly impacted by British legal customs. It incorporates fairness, justice, and flexibility principles and serves as a crucial check on common law’s rigidities. This study traces the origins of equity in India back to the colonial era and looks into how it has evolved over time. It carefully examines how the fundamental principles of equity, including trust, fiduciary obligations, and injunctions, have been incorporated into Indian law. Equity still has a major influence on how legal remedies are shaped and how complicated issues beyond the boundaries of a statutory law are handled in modern India. Its applicability can be seen in cases involving human rights, environmental protection, and business disputes, among other areas. This study emphasizes the Rule of Equity’s continuing importance in India, highlighting its adaptability and capacity to meet changing societal and legal needs, helping to create a more just and equitable legal system there.

Keywords: Equity, Fiduciary, Statuary Law, equitable


Equity[1] is a fundamental and enduring feature of Indian law. It consists of principles, maxims, and judicial doctrines that supplement statutory law by addressing the shortcomings and rigidity of strict legal rules. In India, the concept of equity has evolved significantly over time, drawing on various sources such as English common law, Hindu law, Islamic law, and indigenous customs. This research paper looks at the rule of equity in Indian law, its historical evolution, and its current relevance. The courts, particularly the High Courts and the Supreme Court, are the primary administrators of equity in India. It is invoked when strict legal rules may result in unjust or unconscionable outcomes. Equity seeks to provide just and equitable remedies, even if they are not expressly recognized in statutory law. In India, common equitable remedies include injunctions, specific performance, and constructive trust. Equity is also important in softening the harshness of common law principles and ensuring the protection of individual rights. It seeks to balance the scales of justice by taking the unique circumstances of each case into account. In essence, the Rule of Equity in India serves as a necessary tool for promoting justice, morality, and fairness within the legal system, ensuring that the law is adaptable and responsive to society’s ever-changing needs.


This article aims to trace the historical evolution of equity in Indian law, including its origins, influences, and development, to analyze the principles and maxims of equity and their relevance in the Indian legal system, to investigate the interface of equity and statutory law, including conflicts, statutory interpretation, and the role of the Indian Constitution, to assess the role of the judiciary in upholding equity through judicial activism, landmark cases, and precedent, to identify challenges in applying equity in the Indian legal system, particularly in a diverse and complex society, to explore the contemporary applications of equity in legal practice, including alternative dispute resolution, family and personal laws, and environmental and human rights law, to discuss opportunities for advancing equity in Indian law through legal reforms, empowerment of the disadvantaged, and legal education, to offer a comparative analysis of equity in Indian law with other legal systems, drawing lessons and insights.

Historical Evolution of Equity in India

The historical development of equity in Indian law is an enthralling[2] journey that can be traced back to English common law and the equitable principles that were gradually incorporated into the Indian legal system. Here’s a quick rundown of this evolution:

  1. Colonial Inflection (17th Century): The concept of equity can be traced back to the British colonial period in India. The British East India Company established its presence during this time, and the legal system was initially influenced by English common law and equity. In India, British courts began to apply equitable principles alongside the existing legal framework.
  2. Equity Codification (19th Century): As the Indian legal system developed, English law was increasingly incorporated. However, equity was not codified in India. Instead, Indian courts sought guidance from English equity. When strict legal rules failed to deliver justice, the Indian judiciary used equitable principles to provide remedies, particularly in cases involving trusts, property, and family matters.
  3. Indian Trusts Act (1882): The Indian Trusts Act was enacted in 1882 to formalize the application of equitable principles. This Act codified many aspects of trust law, which is a fundamental component of equity. It defined trustees’ and beneficiaries’ rights and duties, further solidifying the role of equity in Indian law.
  4. Judicial Interpretation and Equity in the Twentieth Century: Indian courts continued to apply and adapt equitable principles, drawing on both English equity and their own evolving case law. To address unique and complex legal issues, they used equitable remedies such as injunctions, specific performance, and rescission.
  5. Constitutional Influence: Following India’s independence in 1947, the Indian Constitution was enacted in 1950. The principles of justice, equality, and fairness, which are compatible with equitable principles, were upheld by the Constitution. This solidified equity as a critical component of the Indian legal system.
  6. Continuing Role of Equity: Today, equity remains an integral part of the Indian legal landscape. The Indian judiciary regularly invokes equitable principles to ensure justice and fairness, especially in cases involving property disputes, contracts, family matters, and trusts. Indian courts have embraced equity as a means to adapt and provide remedies in situations where strict statutory law may fall short.

The evolution of equity in Indian law over time demonstrates its enduring importance in addressing legal and moral complexities, providing remedies when strict legal rules are insufficient, and upholding the principles of fairness and justice within the Indian legal system.

Principle of Equity

Both equitable and common law principles have an impact on the fundamental component of Indian law, which is the concept of equity. Fairness, justice, and the application of legal remedies in circumstances where strict adherence to the letter of the law might result in unfair or inequitable outcomes are all referred to as equity in Indian law. It enables the courts to grant relief when the imposition of stringent legal requirements would cause hardship or injustice.

Various doctrines and remedies, including the following, can be used to understand the principles of equity in Indian law:

  1. As an equitable remedy[3], specific performance allows a court to compel a party to fulfil a particular contractual obligation rather than just compensating damages. It is usually used in situations where contracts are involved in the sale of real estate or rare objects.
  2. Indian courts have the authority to grant injunctions to stop a party from acting in a way that could cause harm to another party. Mandatory injunctions require a party to do something, whereas prohibitor injunctions prevent a party from acting in a certain way.
  3. Trusts: In Indian law, the idea of trusts and the concepts that surround it, such as the fiduciary duty of trustees, are crucial to equity.
  4. Laches and Acquiescence: Delay and inaction are covered by these equitable principles. The court may decline to grant equitable relief if a party acquiesces to a particular situation or delays in asserting their rights in an unreasonable manner.
  5. Estoppel[4]: This legal theory forbids a party from withholding information or rights because of previous actions or statements made by that party. It is employed to maintain consistency in legal relationships and to stop injustice.
  6. Unjust Enrichment[5]: If a party has unfairly benefited at the expense of another, a court may order that party reimburse the other party. This is known as the unjust enrichment principle.

It’s crucial to remember that Indian law’s equity principles are not applied in a vacuum. In order to guarantee justice and fairness in particular situations, they are incorporated into the legal system and utilized in conjunction with established legal regulations and statutes. Even in cases where there may not be a specific statutory provision that directly addresses a given situation, equity enables the judiciary to provide remedies that are consistent with the values of justice and fairness.

Maxims of Equity

The fundamental ideas known as maxims of equity serve as a guide when applying equitable remedies and concepts in court. These adages provide courts with a moral compass to guarantee justice and fairness. Among the fundamental equity maxims are:

  1. Equity follows the law: Laws are followed by equity, which is intended to supplement rather than replace the current legal system. It becomes relevant when the legal system is unable to offer a fair remedy.
  2. Equity will not suffer a wrong to be without a remedy: Equity won’t allow a wrong to go unpunished: Equity intervenes to stop injustice in situations where a legal remedy is insufficient or non-existent.

These adages serve as a guide for judges when implementing equitable principles and remedies, guaranteeing that justice and fairness win out in court, especially in situations where the rigorous application of the law could have unfair consequences.

Relevance and Application of Equity Principles in Indian Law

The Indian legal system heavily relies on equity principles, which add a crucial element to the administration of justice. Their significance and use are as follows:

  1. Complementing Legal Principles: Equity principles apply when applying the law strictly could result in unfair consequences. They serve as a corrective measure to guarantee that justice and fairness are upheld in circumstances that statutory law is unable to sufficiently address.
  2. Specific Performance and Injunctions: Indian courts frequently award specific performance or injunctions by using equity. Courts may compel parties to carry out particular tasks or abstain from taking particular actions in contracts involving the sale of real estate, rare objects, or to stop harm.
  3. Trusts and Fiduciary Duties: In India, the concept of trusts is based on equity principles, which govern trustees’ fiduciary duties and guarantee that they act in the beneficiaries’ best interests.

Equity in Common Law Jurisdictions

In common law jurisdictions—the United States, the United Kingdom, and many other nations with a common law legal heritage—equity is a branch of law that works in tandem with common law to guarantee justice and fairness in situations where stringent legal guidelines may have unfavourable consequences. Here’s a quick rundown:

  1. Historical Development: In the past, equity arose in reaction to common law’s shortcomings, since strict guidelines frequently failed to produce equitable results. The development of equitable principles was significantly influenced by the Court of Chancery in England.
  2. Maxims and Principles: The following are some of the maxims and principles that govern equity: “Equity follows the law,” “He who seeks equity must do equity,” and “Equity will not suffer a wrong to be without a remedy.” These tenets guarantee the consistent and moral application of equitable remedies.

Equity is still vital in common law jurisdictions because it strikes a balance between the need for justice and fairness in particular situations and the common law’s sometimes strict and technical rules. This dual legal system guarantees a more thorough approach to settling legal conflicts and encouraging just outcomes.


In conclusion, the rule of equity in Indian law functions as a counterbalance to the frequently rigorous and detailed rules of statutory law, making it an essential and dynamic part of the nation’s legal system. The use of equity in Indian law has changed over time as a result of both historical and modern influences. It is essential for guaranteeing equity, justice, and fair remedies in cases where the strict application of the law could lead to injustice. To put it briefly, equity in Indian law is essential to the goal of a just and equitable society because it keeps the law sufficiently flexible to meet the intricacies and subtleties of contemporary legal issues while maintaining the ideals of justice and fairness.


  1. https://www.bing.com/ck/a?!&&p=126f0226f0c5f3d1JmltdHM9MTY5ODcxMDQwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIxMA&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=It+incorporates+fairness%2c+justice%2c+and+flexibility+principles+and+serves+as+a+crucial+check+on+common+law%27s+rigidities.+This+study+traces+the+origins+of+equity+in+India+back+to+the+colonial+era+and+looks+into+how+it+has+evolved+over+time.+It+carefully+examines+how+the+fundamental+principles+of+equity%2c+including+trust%2c+fiduciary+obligations%2c+and+injunctions%2c+have+been+incorporated+into+Indian+law.+Equity+still+has+a+major+influence+on+how+legal+remedies+are+shaped+and+how+complicated+issues+beyond+the+boundaries+of+a+statutory+law+are+handled+in+modern+India.+Its+applicability+can+be+seen+in+cases+involving+human+rights%2c+environmental+protection%2c+and+business+disputes%2c+among+other+areas.+This+study+emphasises+the+Rule+of+Equity%27s+continuing+importance+in+India%2c+highlighting+its+adaptability+and+capacity+to+meet+changing+societal+and+legal+needs%2c+helping+to+create+a+more+just+and+equitable+legal+system+there.&u=a1aHR0cHM6Ly9ibG9nLmlwbGVhZGVycy5pbi9ydWxlLWxhdy1yZWxldmFuY2Uv&ntb=1 last visited on 29th Oct,2023
  2. https://www.bing.com/ck/a?!&&p=f149906e78cd65d7JmltdHM9MTY5ODc5NjgwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTI1MQ&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=Both+equitable+and+common+law+principles+have+an+impact+on+the+fundamental+component+of+Indian+law%2c+which+is+the+concept+of+equity.+Fairness%2c+justice%2c+and+the+application+of+legal+remedies+in+circumstances+where+strict+adherence+to+the+letter+of+the+law+might+result+in+unfair+or+inequitable+outcomes+are+all+referred+to+as+equity+in+Indian+law&u=a1aHR0cHM6Ly93d3cuc3R1ZG9jdS5jb20vcm93L2RvY3VtZW50L3JhanNoYWhpLXVuaXZlcnNpdHkvbGF3LW9mLWV2aWRlbmNlLWFuZC1saW1pdGF0aW9uL2NvbmNlcHQtb2YtZXF1aXR5LWxhdy8xMTA5NzUxMg&ntb=1 last visited on 29th Oct,2023
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  6. https://www.bing.com/ck/a?!&&p=da7fe49b786499dfJmltdHM9MTY5ODc5NjgwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTQwMQ&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=the+rule+of+equity+in+Indian+law+functions+as+a+counterbalance+to+the+frequently+rigorous+and+detailed+rules+of+statutory+law%2c+making+it+an+essential+and+dynamic+part+of+the+nation%27s+legal+system.+The+use+of+equity+in+Indian+law+has+changed+over+time+as+a+result+of+both+historical+and+modern+influences.+It+is+essential+for+guaranteeing+equity%2c+justice%2c+and+fair+remedies+in+cases+where+the+strict+application+of+the+law+could+lead+to+injustice.+To+put+it+briefly%2c+equity+in+Indian+law+is+essential+to+the+goal+of+a+just+and+equitable+society+because+it+keeps+the+law+sufficiently+flexible+to+meet+the+intricacies+and+subtleties+of+contemporary+legal+issues+while+maintaining+the+ideals+of+justice+and+fairness.&u=a1aHR0cHM6Ly9ubGl1bGF3cmV2aWV3Lm5saXUuYWMuaW4vd3AtY29udGVudC91cGxvYWRzLzIwMjIvMDEvVm9sdW1lLVZJSUktSXNzdWUtSS0xMTktMTQ5LnBkZg&ntb=1 last visited on 31st Oct,2023

[1] Equity- This article is written by Aahna Upadhyay during 1st semester at Lloyd Law College, Greater Noida.

[2] Enthralling- “Enthralling” is an adjective that describes something that captivates, fascinates, or holds one’s attention in a compelling or thrilling manner.

[3] Equitable remedy- An equitable remedy is a court-ordered action that directs parties to do or not to do something, such as completing a contract or stopping an infringement

[4] Estoppel- the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination

[5] Unjust Enrichment- The principle of unjust enrichment means that no one should be unjustly enriched at the expense of another


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