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Seminar Course
Subject:Political Science
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Topic: Analysis of a Right to Equality Under the Constitution of India
ABSTRACT
I n the rule of law, all person are equal before law, all of them shall be provided
with equal protection of law; all the person of the country shall be under the
ordinary law of the land and ordinary courts; the law shall be supreme and there
shall be no arbitrariness. No one is above law, irrespective of his post or
position. The right of equality conferred by Article 14 is not an absolute right.
The state may enforce independent laws for different classes of people on the
basis of the following classifications– [1] object and purpose; [2] geographical
atmosphere; [3] special protection to the weaker classes of people for providing
them social, educational, political or economic justice; [4] special courts and
procedure; [5] tax-legislation; [6] demand of the time; [7] national/public
interest, progress and development
INTRODUCTION
he first foremost thing which need to understand the theme of the equality
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under the Indian Constitution. We have been reading this that there are phases in
Article 14 [Equality 1 before law– The State shall not deny to any person
equality before the law 2 or the equal protection of the laws 3 within the
territory of India].
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Topic: Analysis of a Right to Equality Under the Constitution of India
c ontemporary India. The paper also discusses the challenges and limitations
faced in the realization of equality, highlighting the ongoing struggle for social
justice among marginalized communities.
LEGAL PROVISION
rticle 14 of the Constitution of India states, "The State shall not deny to any
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person equality before the law or the equal protection of the laws within the
territory of India." This article establishes two key principles: the notion of
equality before the law and the principle of equal protection of the laws.
quality Before the Law: This principle signifies that every individual,
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regardless of their status,is subject to the same laws. It negates any special
privileges based on arbitrary distinctions and ensures that no person is above the
law.
Equal Protection of the Laws: This principle mandates that individuals in
similar circumstances must be treated equally. It allows for reasonable
classification but prohibits arbitrary discrimination. The judiciary has
interpreted this provision to strike down laws that perpetuate inequality and
discrimination.
JUDICIAL INTERPRETATION
he Indian judiciary has played a pivotal role in interpreting and enforcing the
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right to equality.Landmark judgments have shaped the understanding of equality
and its implications for various marginalized groups.
I n this landmark case, the Supreme Court established the "basic structure"
doctrine, asserting that certain fundamental features of the Constitution,
including the right to equality, cannot be altered or destroyed by amendments.
This ruling reinforced the significance of equality as a foundational principle of
the Constitution, ensuring that any legislative or executive action must align
with the core values of justice and equality.
his case expanded the interpretation of Article 14, emphasizing that the right to
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equality is not merely a procedural guarantee but also encompasses substantive
rights. The Supreme Court held that any law that violates the principles of
natural justice or is arbitrary would be struck down as unconstitutional. This
judgment underscored the importance of fairness and reasonableness in the
application of laws, thereby enhancing the protection of individual rights.
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Topic: Analysis of a Right to Equality Under the Constitution of India
I n this case, the Supreme Court addressed the issue of reservations for Other
Backward Classes (OBCs) in public employment. The Court upheld the validity
of reservations while also establishing the "creamy layer" principle, which
excludes socially advanced individuals within the OBC category from availing
of the benefits. This judgment highlighted the need for a balanced approach to
equality, recognizing the importance of affirmative action while ensuring that it
does not perpetuate inequality.
SOCIAL IMPLICATIONS
DUCATION
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Access to quality education is a critical factor in promoting equality. While the
Right toEducation Act (2009) aims to provide free and compulsory education to
children, disparities persist in access and quality, particularly for marginalized
communities.
MPLOYMENT
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The right to equality in employment is crucial for social mobility and economic
empowerment.While affirmative action policies have been implemented to
promote representation of marginalized communities in public employment,
challenges such as discrimination in the private sector and lack of awareness
about rights continue to hinder progress. Ensuring equal opportunities in the job
market is vital for fostering an equitable society.
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Topic: Analysis of a Right to Equality Under the Constitution of India
OLITICAL REPRESENTATION
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Political representation is another area where the right to equality plays a
significant role.Despite constitutional provisions for reservations in legislative
bodies, underrepresentation of women and marginalized communities remains a
pressing issue. Promoting inclusive political participation is essential for
ensuring that diverse voices are heard and considered in the decision-making
process.
HALLENGESANDLIMITATIONS
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Despite the constitutional guarantees and judicial interpretations, the realization
of the right to equality faces several challenges:
BENEFITS ENJOYEDBYTHEPRESIDENTANDTHEGOVERNOR
• They cannot be questioned for any activities that they do while carrying out
their duties in their offices.
• They are not subjected to any kind of criminal proceedings during their
tenure. (Article 361)
• They are not subjected to any civil proceedings during their tenure, even if
any act is done by them in their personal capacity.
ENEFITS ENJOYEDBYTHEMEMBERSOFPARLIAMENTAND
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THELEGISLATURE
ome benefits enjoyed by the members of Parliament and the Legislature are as
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follows:
• The members of the State Legislature are not subjected to any civil or
criminal proceedings in case a member of Parliament says anything that is
disliked by another member or casts a vote against him.
• The members of Parliament or the State Legislature are not obliged to attend
proceedings in court for any criminal or civil matter while the session is going
on. (Article 361-A)
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Topic: Analysis of a Right to Equality Under the Constitution of India
ESTABLISHMENTOFSPECIALCOURTS
pecial Courts were established after the approval of the Special Courts Bill,
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1978. Justice Chandrachud explained and elaborated on this aspect by relating it
to the principle of the doctrine of reasonable classification, which is an
exception to Article 14. It was held that equality before the law is not absolute.
There are several exceptions to this Article that are made for the purpose of
equitable treatment in all spheres of society. One such exception is Article
246(2), where it is stated that the State Legislature has the right to address any
matter that is incorporated in List III of the seventh schedule, regardless of
clause (3), and subject to clause (1) of the Article. In the landmark case of In
Re: The Special Courts Bill vs. Unknown (1979), the question was raised to
determine whether the creation of special courts was in any way violating
Article 14 of the Indian Constitution. This case was filed to determine whether
constituting special courts under the Act is legitimate or not. It was held to be
legal and constitutionally valid.
ONCLUSION
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The right to equality is a fundamental tenet of the Constitution of India,
reflecting the nation's commitment to justice, liberty, and fraternity. While
significant progress has been made in promoting equality through constitutional
provisions and judicial interpretations, challenges remain in realizing this right
for all citizens. A concerted effort is needed to address social attitudes,
economic disparities, and implementation gaps to ensure that the promise of
equality is fulfilled. The ongoing struggle for social justice among marginalized
communities underscores the importance of vigilance and advocacy in
safeguarding the right to equality in India.
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Topic: Analysis of a Right to Equality Under the Constitution of India
REFERENCES
ooks:
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Lawmann’s Constitution of India (2022).
Publication : M/s. Kamal Publishers
Part : III
Pg No. : 4- 6
WhoIs Equal? The Equality Code Of The Constitution. Author : Saurabh Kirpal
ases:
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Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461. Maneka Gandhi v.
Union of India, AIR 1978 SC 597. Indira Sawhney v. Union of India, AIR 1993
SC 477. Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.
rticles:
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Indian Journal Of Integrated Research In Law
By : Ankit, Sharda University, Greater Noida
oogle Scholar:
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Blog.ipleaders.in
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