Article on ARTICLE 14 of Indian constitution by Nishil Kaushal

ARTICLE 14- RIGHT TO EQUALITY

BY NISHIL KAUSHAL

 

 

The Constitution of India  codifies the basic rights- the fundamental human rights of its voters that are outlined partially III of the Constitution. One such right is that the right to equality that is protected underneath articles fourteen to eighteen. Article fourteen is that the most important of the ton. This deals with the overall principles of equality. All the things not lined underneath fifteen to18 are lined underneath this.

 

Article fourteen of the constitution states that:

“The State shall not deny to anyone equality before the law or the equal protection of the laws inside the territory of India.”

This means that each person, WHO lives inside territory of India, has the equal right before the law. That equals are going to be treated equally.

This article constitutes of two elements, being:

  1. Equality before law and
  2. Equal protection of the laws.

 

Although each sound similar, they don’t mean identical. The word “Law” within the former expression is employed during a real sense – a philosophical sense, whereas the word “Laws” within the latter expression denotes specific laws effective.

Equality before the law talks regarding equal subjection of all voters (rich or poor, high or low, official or non-official) to the standard law of the land administered by the standard law courts and could be a negative idea as implies the absence of any privilege in favour of somebody and equal subjection of all categories to the standard law. Whereas, equal protection of the laws could be a Positive idea because it implies equality of treatment in equal circumstances each in privileges given and liabilities obligatory. So, all the persons should be treated alike on cheap classification. Among equals law ought to be equal and equally administered. The guarantee of equal protection applies against substantive moreover as procedural laws. [1]

Exception:

The higher than right isn’t associate degree absolute right. Hence, is subject to associate degree exception – cheap classification.

Article fourteen forbids category legislation however permits cheap classification. the 2 tests of classification are as follows:

 

 

  • Ineligible Differentia: The classification should be based on associate degree intelligible difference that distinguishes people who are sorted along from different. whimsey is associate degree anti-thesis to the proper high equality. Hence, there ought to be no scope of whimsey in classification.

 

  • Rational Relation: That difference should have a rational relevance the thing sought-after to be achieved by the Act. it’s necessary is that there should be nexus between the idea of classification and therefore the object of the act that makes the classification. it’s only there’s no cheap basis for a classification that legislation creating such classification could also be declared discriminatory.

 

 

  1. LANDMARK JUDGEMENTS:

In E.P Royappa v. State of Madras & Another[3],

it absolutely was command that Article fourteen is one among the pillars of the Indian Constitution and therefore can not be certain by a slender and inflexible interpretation. Article fourteen ought to therefore be the widest interpretation doable, that conjointly includes reasonableness and whimsey of bound provisions of the legislations.

 

In Maneka Gandhi v. Union of India], the Supreme Court clearly dominated out the space for whimsey. ‘Article fourteen strikes at whimsey in State action and ensures fairness and equality of treatment. The principle of reasonableness, that logically moreover as philosophically, is a necessary part of equality or non-arbitrariness, pervades Article fourteen sort of a brooding presence.’ Rule of law that permeates the whole cloth of the Indian Constitution excludes whimsey. where we discover whimsey or unreasonableness there’s denial there’s denial of rule of law.

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