The right to equality came into existence after Magna Carta and on 10 Dec 1950, it is celebrated as a universal human rights act. Right to equality and equality of outcome includes two phases of a coin. Equality is imp for individuals in absence of it people faced discrimination, and a feeling of separation is generated, and it also leads to anarchy and subjugation of the backward to ensure the prevention of all this, the Indian constitution under
3 parts of it mentioned fundamental rights which ensure the prevention of the rights of each and every individual. The right to equality was mentioned Under fundamental rights Rights.
It includes 14-18 articles. Article 14 of the constitution provides that the state shall not deny to any person equality before the law or equal protection of the law within the territory of India.
Right to equality (Article 14, article 15)
Article 14 equality before the law and equal protection of the law seems to be identical but there is a difference between them equality before the law is a negative concept implying the absence of any special privilege by reason of creep in favor of an individual and the equal subjection of all classes to the ordinary law otherwise equal protection of the law is a more positive concept employing the right to equality of treatment in equal circumstances.
For example, natural resources institute public property National asset and while distributing them the state is bound to act in consonance with the principle of equality and public trust and ensure that no action is taken which may be detrimental to the public interest.
Equality before law equality before the law is a second corollary concept of rule of law it is core relative to the healthy social order it is a declaration of equality e of all persons within the territory of India employing thereby the absence of any problem edges in favor of an individual against every citizen from the prime minister down to the humble peasant is under the same responsibility for every act done by them without lawful justification and in this respect it is no distinction between official and private citizen.
The concept of equality before the law does not involve the idea of absolute equality article 14 guarantees the similarity of treatment and not identical treatment.
There are some exceptions allowed by the Indian constitution as follows president or the governor of a state shall not be answerable to any court for the exercise and performance of the power and duties of his office.
2. No criminal proceeding whatsoever shall be instituted or continued against the president of a governor in any court during his term of office no civil proceeding in which relief is claimed against the president or governor of a state shall be instituted during his term of office.
Equal protection of the law
Among equal, the law should be equal and equally, Right to equality is the administrator that light should be treated alike equal protection requires affirmative action by the state to earn equality by providing facilities and opportunities the substances equality and equal protection before the law are the heart of the understanding of guarantee of equal protection before the law.
The dignity of equal protection applies against substances as well as procedural law the decision-making process should be transparent and fair and often the procedure for the distribution of state lajas must be transparent just fair and nonarbitrary non-transparency promote nepotism and arbitrariness the role of government and role model for governance and decision took their off should manifest equity fair play justice.
The guarantee of equal protection includes an absence of any arbitrary discrimination by the law itself in a matter of their administration even wearing a statute itself is not discriminatory but a public official interested duty of carrying it into operation applies it against an individual not for purpose of a but intentionally for purpose of injuring him the letter may have the executive Arnold by the core of the ground of contravention of guarantee of equal protection.
An act that is discriminatory is liable to be labeled as arbitrary arbitrariness in the making of an order by an authority and can manifest itself in different forms. The court will not interfere in the policy decision of the government unless the government or action is arbitrary or invidiously discriminatory government policy is not subjected to judicial review unless it is demonstrably arbitrary capricious irrational discriminatory or violative of constitutional provision party cannot claim that the concept of equal treatment presupposes the existence of similar legal foothold and does not count and reputation of a wrong action to be in force from on a path.
It is the duty of the estate to life years of citizens regarding discrimination however protective discrimination in favor of SC and ST is part of the constitutional scheme of social and economic justice to integrate them into the National ministry so as to establish an integrated social order with the equal dignity of person article 14 and its application to legislation and rendering the legislation in valet now will recognize which are discrimination based on in permissible or invalid classification it is excessive delegation of power if such conferment is without any guidance control or check it is violative of article 14 of the constitution.
Public function and corruption in sports bodies in the board of control for cricket in India versus Netaji cricket club the supreme court while considering the role and the nature of function being discharged by BCCI held at both controls over the spot of cricket were deep.
That it is exercise enormous public function which method obligately for the boat to follow the doctrine of fairness and good faith the BCCI is not stated within the meaning of article 12 of the board was not created by any statute Nor was a part of share capital held by the government the nature of duties
Function with the BCCI perform it to regulate and control the game to the exclusion of all other formulate rule regulation of any standard all these activities are undertaken with the packet concurrence of the State Government and the Government of India which is not only fully aware but supportive of the activity of both the state has not chosen to bring any law taken.
It is a strong relationship between articles 16 and 14 as the supreme court has observed articles 14 and 16 taken together it ranges the principle of equality and the absence of discrimination while the principle is generally stated in article 40 which extends to all persons citizens or alliance aliens article 15 and 16 deal with a particular aspect of that equality article 15 is available to a citizen only when it prohibits.
Discrimination against any citizen in the matter at the disposal of the state on any specific ground of religion race creed cast or place of the birth particle system is also confined to citizens but it is restricted to an aspect of public discrimination namely employment under the state and in a matter not coming under article 15 and 16.
if there is any other discrimination the validity of that can be a challenge and the general provision in article 40 states a particular aspect of equality get it by article 14 is a prohibition against discrimination contained in article 15 of the constitution.
Article 15 prohibition of discrimination on grounds of religion race cast sex or place of birth the state shall not discriminate against any citizen on the ground only of religion race cast sex place or the birth of anyone know citizen shall on the ground only of religion race cast or any of them were subjected to any disability liability restriction of condition with regards to access to shop public restaurant hostel places of public entertainment.Right to equality.
The uses of Val bathing Ghat road place of public resource maintained wholly or partially out of state funds or dedicated to the use of the general public the thing in this article or in the class second of article 29 shall provide the state from making any special provision for the advancement of any Right to equality social educational backward class of citizen for scheduled caste and scheduled tribe nothing in this article or in the sub-clause b of clause 1 of article 19 shall provide the state from making any special provision by law for the advancement of any social and educationally backward classes of citizens.
closest one say that any act of the state whether political civil or otherwise shall not discriminate between citizen on the ground only of religion race car sex place of birth or any of them the plain meaning of this provision is that no person of a particular religion caste creed shall be treated unfavorably by State
when compared with a person of any other religion the significance of the word only is that if there is any other ground or consideration for differential treatment discrimination in favor of particular sex will be Pur visible if the classification is the result of other considerations beside the fact that person belongs to that sex physical or intellectual fitness for some work
These exceptional classes of people require special protection and hands and legislation that is necessary for making special provisions to persons of these classes could not be held unconstitutional does it has been held that section 497 of IPC
which says that in an offense of adultery the man is punishable for adultery the woman is not punishable as better is not unconstitutional because such immunity is necessary for the protection of women in view of their existing position in society similarly discrimination on grounds of caste only is prohibited by clause 1 of article
it would be permissible under the clause for prostate to reserve seats for the member of backward classes article 15 of the constitution does not make any mandatory provision for the reservation the power to make reservations under this article is discretionary and know it can be issued to affect reservation clause 5 was inserted by the constitution 93rd amendment act 2005 with effect from 20 January 2006 it empowers the state to make special provision by law for the advancement of any socially
Educationally backward classes of citizens or for the scheduled caste and scheduled tribe regarding their admission to educational institutions including private 1weather placement of class 5 of article 15 of a constitution in the right to equality code is getting an essential indeed free model feature of equality code.
Suggested Reads: Caste politics in India
Increasing Hate speech cases in India,
Reservation on Economic Status
Get daily updates and trendy news to enhance your knowledge with every topic covered. Including fashion, technology, current affairs, travel news, health-related news, sports news, Business, Political News, and many more.
For more information visit Live News Dekho