ARTICLE 14 RIGHT TO EQUALITY -KANIKA BHATIA

RIGHT TO EQUALITY

Article 14 of the Constitution of India reads as under:
“The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
It is the part of Indian Constitution it comes under Fundamnetal rights.

WHAT ARE FUNDAMENTAL RIGHTS?
Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process. Laws encroaching on a fundamental right generally must pass strict scrutiny to be upheld as constitutional.

SOME FEATURES OF FUNDAMENTAL RIGHTS

Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He or she should first approach the lower courts.
Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and foreigners).
Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are subject to the conditions of state security, public morality and decency and friendly relations with foreign countries.
They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of violation of fundamental rights.
Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution.
Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.
The application of fundamental rights can be restricted in an area which has been placed under martial law or military rule.

EQUALITY BEFORE LAW

“All citizens irrespective of birth, religion, sex, or race are equal before law ; that is to say, there Shall not be any arbitrary discrimination between one citizen or class of citizens and another.” “All citizens shall, as human persons he held equal before law.” “All inhabitants of the republic are assured equality before the laws.”

Right to equality means the absence of legal discrimination against any one individual, group, class or race. In earlier times certain classes possessed special privileges or were judged by special law.

The modem tendency is to enforce the same law over all persons in the State and to give all persons equal rights and privileges in the protection of their civil liberties. Democracy can only exist and flourish in a society of equals.

The Constitution of India makes social and civil equality the bedrock of Indian polity. It guarantees equality of all persons before the law, prohibits discrimination on grounds of religion, race, caste, sex or place of birth as between citizens, and abolishes untouchability on the one hand and titles on the other.

Conclusion : Every citizen of India is important they have their applicable fundamental rights that they can use anytime when they needed.

Right to equality is one of them everyone is equal according to law there will be no biasness in any of the terms of things. Religeion is main aspect of people here .

 

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