Rights are claims of social life and they help individuals to develop their personality. Some of the fundamental rights provide protection only against state action and do not safeguard against the action of the private individual. Fundamental rights are also known as the “magna carta”of our Constitution. The fundamental rights are guaranteed and protected by the Constitution to all persons without any discrimination our Constitution borrowed this concept from U. S . Part 3 of indian Constitution deals with fundamental rights, these have been described in article 12-35. Originally there were 7 fundamental rights :-
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right of freedom of religion
5.cultural and educational rights
6.Right to property
7. Right to constitutional Remedies
The right to property ( article 31) was deleted from the list of fundamental rights by 44th amendment act, 1978. Now it is a legal right under article 300A in part 12 of Indian Constitution.
Features of fundamental rights:-
—- fundamental rights are justiciable in nature
—- these are not absolute but qualified.
—- these are not permanent can be amended by Parliament.
—- these are suspended in national emergency (except article 20,21)
Right to equality is covered under article (14- 18). The concept of Equality came in picture after French Revolution.
Article 14 – EQUALITY BEFORE LAW AND PROTECTION OF LAWS.
It says that the state shall not deny to any person equality before law or equal protection of laws within the territory of India .Prohibition of discrimination on the basis of religion, race, caste, sex or place of birth, This provision confers rights to all persons whether citizen or foreigners .
Equal protection of law –
Equal protection of law all together a positive concept. As per this concept equal should be treated equally . Equal protection is a guarantee of equal treatment
It puts the positive obligation on the state to prevent the violation of rights. This can be done by bringing socio-economic changes. it aims at equality of treatment in equal circumstances.
Article 14 also talk about reasonable classification and class legislation. . The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons. It does not attainment or circumstances in the same position. The varying needs of different classes of persons often requires separate treatment. From the vary nature of society there should be different laws in different places and the legitimate controls the policy and enacts laws in the best interest of the safety and security of the state. In fact identical treatment in unequal circumstances would amount to inequality. So a reasonable classification is only not permitted but is necessary if society is to progress.
Thus what Article 14 forbids is class-legislation but it does not forbid reasonable classification
Equality before law
This concept is somehow negative as it says all are equal before law. This article ensures that there will be no special treatment with anyone on the basis of money power, religious majority, sex superiority, personality, intellect, developed region or something else these all factors doesn’t affect the law.However Equality before law is not absolute as there are some exceptions to it. These are as follows :-
✒The president or the Governor is not answerable to any court for the exercise and performance of powers and duties of his office.
✒No criminal proceedings shall be instituted or continued against the president or the governor in any court during his term of office.
✒ No process for the arrest or imprisonment of the president or the governor shall be issued from any court during his term of office.
✒No civil proceedings against the president or the governor shall be instituted during his term of office in any court respect of any act done by him in his personal capacity, whether before or the after he entered upon his office, until the expiration of 2 months next after notice delivered to him.
the concept of equality before law is an element of the concept of RULE OF LAW( supremacy of law) propounded by AV Dicey in his book Constitution of England. the British Jurist. By equality before the law, it means everyone has access to justice. No one can be barred from access to justice. Here all should be treated equally in front of the judicial system.
Right to Equality which is provided by our constitution is not actually being properly enforced even after so much legal obligation related to it has been put forward by our judicial system. Our judiciary along with the other two organs of state are working very hard to maintain equality among all the citizens of our country then also until the citizens are not aware of their rights it becomes very difficult to eradicate inequality. The role of the citizens became very vital for the protection of their own rights. Right to equality needed to be applied in a practical sense so that no one is deprived of their rights.
# Abdul Rehman v. Pinto AIR 1951
# Jagjit Singh v. State AIR 1954
# R.K. Garg v. Union Of India AIR 1981
# Monoponier Co. v. City Of Los Angles
# K. Thimmappa v. Chairman Central Board Of Director AIR 1958
# Anwar Ali’s case AIR 1952 SC 75
# Ramkrishna Dalmia v Justice Tendolkar AIR 1958