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ARTICLE 14

The document outlines the Right to Equality as enshrined in Articles 14 to 18 of the Indian Constitution, emphasizing equality before the law and equal protection of the laws. It details the prohibition of discrimination based on religion, race, caste, sex, or place of birth, while also allowing for reasonable classification and special provisions for women, children, and socially backward classes. Additionally, it covers Articles 16, 17, and 18, which guarantee equality in public employment, abolish untouchability, and eliminate titles, respectively.

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20 views

ARTICLE 14

The document outlines the Right to Equality as enshrined in Articles 14 to 18 of the Indian Constitution, emphasizing equality before the law and equal protection of the laws. It details the prohibition of discrimination based on religion, race, caste, sex, or place of birth, while also allowing for reasonable classification and special provisions for women, children, and socially backward classes. Additionally, it covers Articles 16, 17, and 18, which guarantee equality in public employment, abolish untouchability, and eliminate titles, respectively.

Uploaded by

darkprincessx004
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Right Equality(Art.

14 to 18)

By the virtue of Article 14 of the constitution of India


”The state shall not deny to any person equality
before the law and equal protection of the laws
within the territory of India”
Article 14
Article 14

EQUAL
EQUALITY PROTECTION OF
BEFORE LAW LAWS
(English origin) (Adopted from
U.S)

Absence of any Equality treatment in


equal circumstances.
special privileges i.e Like should be treated
alike
EQUALITY BEFORE LAW

• No man is above the law and that every person,


what ever be his rank or status, is subjected to
ordinary law and is amenable to the jurisdiction
of ordinary courts
• The concept of ‘equality before law 'is an
aspect of Dicey’s concept of Rule of law
• The concept of equality implies absence of
special privilege to any person by reason of
birth, creed or the like.
• The ordinary law of land should be applicable
to all
• Every citizen from the prime minister down to
humblest peasant should be under the same
Law
• The Indian constitution ,however, provides for
exception to above rule certain person such as
president,Governor,diplomats and judges
enjoy special privilege
Equal Protection of the Laws

Like should be treated alike and the like and


the unlike should not be treated alike. In other
words, equal should be treated alike, equals
and unequal's should not be bracketed
together
Reasonable classification is permitted
under Article 14
• Article permits classification of persons,
objects and transactions for the purpose of
the legislation. The classification, however,
should be reasonable. The classification
should rest upon some real and substantial
distinction.
• Two conditions are to be satisfied for
considering a classification as reasonable.
They are:
1. The classification must be founded on an
intelligible differentia.

2. The differentia must have rational nexus


(relation) to the object sought to be achieved by
the Act (state of West Bengal v. Anwar Ali (1952
SCR 289))
• E.P.Royappa v. state of Tamilnadu(AIR 1974
SC 555)
The supreme court held that a new concept of
equality. The court observed thus “the equality
is a dynamic concept with many aspects and
dimensions” it is antithesis to arbitrariness.in
fact arbitrariness are sworn enemies if an act of
the state is arbitrary, it is violative of article 14
• Air India v. Nagesh meerza(AIR 1980 SC 1829)
The petitioner challenged Air India and Indian
Airlines Regulations as unconstitutional on the
ground of that the condition laid down for
retirement in regulation are entirely
unreasonable and arbitrary
Article 15(1)

Constitution of India prohibits the state from


discriminating the citizens on grounds, only of
religion, race,caste,sex,place of birth or any of
them
The word ‘discrimination’ means to distinguish
unfavourable from others or make an adverse
distinction
Article 15(2)
Article 15(2 declare that that no citizen be subject to
any disability restriction or condition on grounds
only of religon,race ,cast, place of birth or any them
with regard to-
(a) access to shop, public restaurant, hotels and
places of public entertainment, or
(b)The use of wells,tanks,baths,roads and place of
public resort, maintained wholly or partly out of
state funds or dedicated to the use of general public
Article 15(3)
• Article 15(3) is an exception to the general
principle laid down in clauses(1) and(2) of
Article 15
Article 15(3) empowers the state to make
special provision for women and children, they
require special protection by virtue of their
very nature
Article15(4)
• Article 15(4) IS An another exception to clauses
(1) (2) of Article 15

Article 15(4) the state empowered to make any


special provisions for the advancement of any
socially and educationally backward class of
citizen or for the scheduled castes and scheduled
tribes
State of madras v, champakam dorairajan(AIR
1951 SC 226)
Who is socially and educationally
backward classes?
• Article 340 of the constitution empowers the
president to appoint a commission to
investigate conditions so socially and
educationally backward classes. On the basis
of the report of the commission, the
president of india may specify the classes of
people who are to be considered as
backward classes
Article 15(5)
93rd –constitutional Amendment-2006

Clause 5 empowers the state to make law for


the special provisions relating to the admission
to educational institutions including private
educational institutions, whether aided or
unaided by the state for advancement socially
economically backward classes of citizen or for
the scheduled tribes, thus state can by law
reserve seats
Article 16 guarantees Equality of opportunity in
public employment

Article 17 provides abolition of Untouchability

Article 18 provides for abolition of titles

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