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Equality
essy on Right
Right to equality
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Answer:
tribes and scheduled castes. State has made many special provision for the weaker sections such as ST,SC and educationally and socially backward classes of citizens of India., Meaning of “ Scheduled caste” means such castes, race, or tribes or parts of or groups within Such castes, races or tribes as are deemed under article 341 to be scheduled castes for the purposes of this constitution.article 341(1) provide additional protection to the members of the scheduled castes having regard to the social, economical, educational, backwardness from which they suffer because of their caste.
New Concept Of Equality For The Protection Of People Of India
In the case of the Air India v. Nargesh Meerza Regulation 46 of Indian Airlines regulations provides an air Hostess will be retire from the service upon attaining the age of 35 years or on marriage within 4 years of Service or on first pregnancy, whoever found earlier but regulation 47 of the regulation act the managing director had the discretion extend the age of retirement one year at a time beyond the age of retirement up to the age of 45 years at his option if an air hostess was found medically fit .it was held by the court that an air hostess on the ground of pregency was unreasonable and arbitrary, it was the violation of article 14 under constitution law of India. The regulation did not restrict marriage after four years and if an air hostess after having fulfilled the condition became pregnant, there was no ground why first pregnancy should stand in the way of her running service. of the court said that the termination of service on pregnancy was manifestly unreasonable and arbitrary on the basis of this it was violation of article 14 of Indian constitution.
In John Vallamattom v. union of India, section 118 of the Indian succession Act, 1925 court invalidated which prohibited the right of a Christian to make valid will for a religious or charitable purpose only if he made it at least 12 months before his death. The court occurred the prescription of time and the application of the provision only to Christian artificial having no nexus with the object of law. In P. Rajendan v. state of Madras, court said that there was district wise distribution of seats in state medical colleges on the ground of proportion of population of a district to the total population of the state. classification will be valid under article 14, there must be a relation between the classification and the object sought to be achieved. Any one scheme of admission rules should be devised so as to select the best available talent for admission to medical college in the state. in reality discriminatory as a high qualified candidate from one district may be rejected while a less qualified candidate from another district may be admitted.
In D.S Nakara v. union of India, in this case supreme court said that Rule 34 of the central services( pension) rules, 1972 as unconstitutional on the ground that the classification made by it between pensioners retiring before a certain date and retiring after that date was not depend upon the any rational principal it was arbitrary and the infringement of article of article 14 of Indian constitution law.
Conclusion
Keeping in view of above mentioned statements said by the different courts, it is clear that Article 14 gives the ensurity of equal rights without discrimination. It says equal everyone is Equal in eye of law. Whether he belongs to different race, religion, social status or wealth.
As Dr. Jennings rightly said: “equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued to prosecute and prosecuted for the same kind of action should be same for all citizens of full age and understanding without distinctions of race, religion, wealth, social status or political influence.” Right to equality is a one of the most important part of our Indian constitution, which gives strengthen to all those people who belongs to Indian nationality. It is necessity of the upcoming generation to secure their right & change our developing India in to developed India