RIGHT TO EQUALITY BY HARSHITA JAIN @LEXCLIQ

Section 14 of the Indian Constitution states that Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Equality means equal opportunities and resources are available to all or any . The concept of equality requires universal treatment, but our constitution only provides partial treatment this a paradox on which egalitarian society is made . This article ensures similarity of treatment not identical treatment. Only by bare reading of article 14, it are often construed that it’s not only citizens of India, but also to aliens, artificial or legal persons. And this was held in various cases. Article 14 comprises of two elements equality before law and equal protection of law.

EQUALITY BEFORE LAW

This expression is employed in Article 14, every one who is equal within the eyes of the laws shall be treated equally. this idea has its origin in America. Equals should be treated equally, which automatically brings into an image of the validity of treating unequal unequally. within the absence of any special privilege being granted to the citizen, it shall be treated equally for all purposes.

What does this equality mean? It means equal power to sue and to be sued, to prosecute and to be prosecuted, to initiate actions with none discrimination aged , sex, caste, political status, social station , etc. it prohibits discrimination and preaches equality, one among the essential fundamental right bound to every individual. nobody is above the law, and everybody is treated under an equivalent eyes of the law, i.e., every act avoided any legal justifications brings equal accountability to be it the Prime Minister, a driver or any government official.

EQUAL PROTECTION OF LAWS

Every law would be susceptible to be tested with regard to the tests laid down under Article 14. This enshrines special treatment to persons in several scenarios and circumstances to determine equality. This concept originates from the Constitution of the United States, Section 1 of the 14th Amendment. Equality cannot be cribbed, cabined, and confined.[1]

This expression is in upshot to the primary expression because to make sure equality among citizens, clear requirement is equality of laws. This obligation is taken into account as a positive obligation on the state. This protection is applicable not only to citizens of India but every one residing within the Nation.

In the case of Maneka Gandhi v Union of India[6]: the golden triangle, Article 14, 19, and 21 was established. The most important question raised here whether getting to abroad are often considered as a neighborhood of private liberty? The constitutional validity of Section 10(3)(c) of the Passport Act was challenged since it allowed impounding a person’s passport publicly interest. The interconnections and therefore the interpretations of the articles were mentioned. This case was a lively example of broad interpretation , it created new horizons for freedom of speech and expression.

If Section 10(3)(c) was valid, then was it not violative of Article 14, Article 19 and Article 21 of the Constitution of India. However, the Supreme Court reached the Judgment of Section 10(3)(c) being violative of the guaranteed fundamental rights because it guaranteed undefined power on passport authorities.

CONCLUSION

Everyone equal is equal within the eyes of laws, and there can’t be preached any sort of discrimination between the alike. Right to equality is far and away a strengthening power of Indian Constitution bound to its residents. With developing India and new facets being added up, the protection must cover all aspects equally. Thus discrimination can’t be practiced amongst those that are placed in similar situations, that amounts to a violation of equality before the law. However, some special status and privileges bound to a particular class of individuals for his or her upliftment isn’t covered under this text and is held valid constitutionally.

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