Social Sciences, asked by BHASKHAR, 9 months ago

14. Which provisions in the Constitution recognise equality? (please answer this question in 100 words ​

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Answered by jiniasultana03102001
1

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Author Name: uma

It relates to Article-14, A Fundamental right of our Indian Constitution.

Right To Equality- A Fundamental Right

Abstract:

The purpose of this research is to identify the general principle of “right to equality” the word “Right to equality” need no explanation because it tell its meaning itself. and it is one the our fundamental right. But there are some hidden points which are needed to explain & this research project highlights those points & exception, which are admissible by our Indian constitution. it also helps to know why discrimination accepted under constitution law of India?

Right to equality given under article 14 of Indian law. it is one of the fundamental right. It ensure the guarantees to every person the right to equality before law & equal protection of the laws .it is not only right of Indian citizens but also right of non-citizens .article 14 says “The state shall of India.” article 14 define no one is above the law. All are equal in eye of law.

1.1 Equality before law

“The state shall not deny to any person equality before the law.

1.2 Meaning of right to equality

This means that every person, who lives within territory of India, has the equal right before the law. the meaning of this all are equal in same line. No discrimination based on religion ,race, caste, sex,and place of birth. its mean that all will be treated as equality among equal .and there will be no discrimination based on lower or higher class.

, it means that each person within the territory of India will get equal Protection of laws.

In Stephen’s college v. university of Delhiunder The court held that the expression “Equal protection of the laws is now being read as a positive Obligation on the state to ensure equal protection of laws by bringing in necessary social and economic changes so that everyone may enjoy equal protection of the laws and nobody is denied such protection. If the state leaves the existing inequalities untouched laws d by its laws, it fails in its duty of providing equal protection of its laws to all persons. State will provide equal protection to all the people of India who are citizen of India and as well as non citizen of India.

Exceptions To Rule Of Law

In the case of Indra Sawhney the right to equality is also recognized as one of basic features of Indian constitution. Article 14 applies to all person and is not limited to citizens. A corporation, which is a juristic person, is also entailed to the benefit of this article. This concept implied equality for equals and aims at striking down hostile discrimination or oppression of inequality. In the case of Ramesh Prasad v. State of Bihar, AIR 1978 SC 327 It is to be noted that aim of both the concept, ‘ Equality before law’ and ‘ Equal protection of the law’ is the equal Justice.

Underlying priniciple:-

The Principle of equality is not the uniformity of treatment to all in all respects. it only means that all persons similarly circumstanced shall be treated alike both in the privileges conferred and liabilities imposed by the laws. Equal law should be applied to all in the same situation, and there should be no discrimination between one person and another.

Rule Of Law

The rule of law embodied in Article 14 is the “ Basic feature” of the Indian constitution. Hence it cannot be destroyed even by an amendment of the constitution under article 368 of the constitution.

Meaning of rule of Law

The Rule of law has been given by prof. Dicey the expression the guarantee of equality before the law. It means that no man is above the law, all are equal in eye of law. The concept of rule of law come from magnacarta.its means that law is equal for all in same line. Because state have no religion all are equal in same line. And uniformity will be applied for all. Every organ of the state under the constitution of India is regulated and controlled by the rule of law.Absence of arbitrary power has been held to be the first essential of rule of law. The rule of law requires that the discretion conferred upon executive authorities must be contained within clearly define limits. The rule of law permeates the entire fabrics of the constitution of India and it forms one of its basic features.

Article 361 of Indian constitution Law

The President, or the governor or rajpramukh of a state, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him In the exercise and performance of those power and duties. Provided that the conduct of the president may be brought under review

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